Kim Deck

Kim Deck a full-time mediator since 1998, specializes in resolving employment disputes and other business/commercial matters. She has extensive dispute resolution experience and has served in a variety of ADR roles including mediator, arbitrator, neutral fact-finder, facilitator, conflict resolution coach, and mediation/arbitration trainer for a variety of organizations. Ms. Deck was also Associate General Counsel and Manager of the Employment Dispute Resolution Group at JAMS from 1991 to 1998. Ms. Deck has resolved the majority of the more than 4,000 matters she has mediated, and has a broad understanding of the unique needs and interests of litigants in a diverse range of industries.

-   airline

-   construction

-   domestic/household staff (celebrity, high-profile)

-   energy

-   entertainment (all major film/TV studios)

-   financial institutions (major international)

-   food (local restaurants to international chains)

-   grocery store chains

-   government agencies

-   healthcare companies

-   medical offices

-   law firms

-   pharmaceutical companies

-   real estate (commercial and residential)

-   religious and non-profit organizations

-   retailers (global and national)

-   telecommunications and technology companies

-   universities

-   school districts

Business/Commercial: high-stakes dissolution of partnership, breach of contract, and breach of fiduciary duty, including:

-   Dispute between family members over right to control family business involving allegations of breach of fiduciary duty and unfair competition issues

-   Medical partnership dissolutions

-   Legal partnership dissolutions

Employment: Mediated and settled countless employment disputes with issues involving discrimination (age, national origin, marital status, sexual orientation, pregnancy, disability), Americans with Disabilities Act (ADA), sexual harassment, wrongful termination, wage-and-hour claims, Family Medical Leave Act (FMLA), and California Family Rights Act (CFRA)

-   Mediated a complex wage-and-hour dispute against a Fortune 500 energy company that settled for more than $10 million

-   Settled a wage-and-hour class action case against a top Los Angeles restaurant for $2 million

-   Mediated a settlement in excess of $1 million in a racial discrimination case against a Fortune 500 company

-   Successfully resolved hundreds of disability discrimination claims involving failure to provide reasonable accommodation and discrimination for a variety of disabilities including diabetes, mental issues, alcoholism, cancer, neurofibromatosis, HIV positive diagnosis and related issues, Multiple Sclerosis, Parkinson’s disease, etc.

-   Successfully resolved several hundred claims of sexual harassment and discrimination involving supervisor’s and subordinates, co-workers, multiple plaintiffs, cases with men and women; issues included constructive discharge due to management harassment, claims of favoritism and conflicts of interest because of sexual harassment, same sex sexual harassment, transgender discrimination, assault and rape in the workplace

-   Wrongful discharge in violation of public policy: Successfully resolved hundreds of wrongful termination claims involving allegations of health and safety issues, accounting fraud, wage-and-hour violations, violations of business and professions code

-   Resolved several hundred matters involving workers over 40 claiming age discrimination utilizing creative solutions which have included medical insurance, retirement coverage, pension benefits, and other desirable benefits for employees

-   Mediated hundreds of matters with women asserting pregnancy discrimination

-   Successfully resolved numerous cases with males and females claiming sexual orientation discrimination and retaliation in the workplace

-   Resolved many gender bias claims with issues involving disparate treatment of multiple plaintiffs, unequal pay, glass ceiling, transsexual and transgender issues

-   Successfully mediated countless matters involving national origin and race discrimination claims and retaliation for complaining of such

-   Resolved numerous disputes between celebrities and their nannies and other domestic staff involving sexual harassment and other sensitive and emotional issues

Neutral Fact-Finding: Ms. Deck is a leading expert in this field and has vast experience as a Neutral Fact-Finder. She has investigated countless claims of discrimination and sexual harassment and has testified in court and in depositions. She has made presentations and written articles on this subject. Please contact Ms. Deck directly for references related to her Fact-Finding work.

Entertainment: Successfully mediated a myriad of entertainment-related cases, including:

-   Studio v. studio case involving rights and profits

-   Coverage issues between production and bond companies

-   Breach of contract matter involving product placement between film and product companies

-   Claim by actor of breach of contract and discrimination against a studio

-   Producer v. studio case

-   Director v. studio

Class Actions: Successfully mediated numerous class action matters for large oil company, restaurant chains, retailers, etc. involving misclassification, wage-and-hour violation cases (including failure to comply with statutory breaks, lunch breaks, and failure to pay appropriate overtime including management and artistic exemptions), and gender bias

Family Law/Domestic Partnership Dissolutions: Successfully resolved complex and sensitive matters including:

-   High-profile, multi-million-dollar claims of paternity and back child support

-   Dissolution of partnership involving major assets, a medical practice and child custody issues

-   Highly emotional dissolution of long-term relationship involving major assets and children

-   Numerous same-sex partnership dissolutions, with and without children

Real Estate:

-   Breach of real estate sales contracts; contractual and equitable remedies including specific performance, rescission, and/or damages

-   Brokers disputes

-   Competing purchasers of real property

-   Contamination to real property, including toxic materials and mold

-   Leases on commercial property

-   Misrepresentations in connection with purchase and sale

-   Real estate commissions

-   Title insurance, including coverage, malpractice, and handling escrow instructions

Public Policy:

-   Facilitated a major public policy dispute over land-use in the Inland Empire. Mediated all issues among stakeholders, which included homeowners, city officials, legislative bodies and parents of disabled children.

Construction Defect: Disputes involving billing on construction projects, construction of luxury single family homes, delay claims, and disputes between developers and homeowners association

Honors/Memberships/Professional Activities

-   Recognized as a Top 40 California Neutral, Daily Journal, 2007

-   Member, Society of Professionals in Dispute Resolution, 1991-present

-   Member, Southern California Mediation Society, 1995-present

-   Member, California State Bar Association

-   California Employment Lawyers Association (CELA)

-   Los Angeles County Bar Employment Group

-   Board Member, Disability Rights Legal Center

-   Board Member, Association of Media and Entertainment Counsel

Education

-   Program on Negotiation at Harvard Law School; "Managing Difficult Conversations" course, Harvard Business.

-   Straus Institute for Dispute Resolution, Pepperdine University School of Law

-   J.D., Whittier College School of Law, 1991

-   B.A., St. Mary’s College, Business Administration & International Relations, 1984

-   Fluent in Italian