Since 1983, Mr. Norm Brand has been engaged full time in dispute resolution. A former negotiator and law professor, he has a varied national practice, ranging from arbitrating high profile individual disputes – such as hockey player Petr Nedved’s eligibility to play in the IHL, to mediating high stakes public disputes – such as the nation’s first “pay for performance” contract in the Denver City School District.
Mr. Brand has arbitrated and mediated cases involving complex issues of law and large dollar amounts. His largest arbitration award resulted in payments of approximately $40 million.
He has served as sole arbitrator in a $50 million biotech case, and in many multi-million dollar pension cases. He mediated the model annual maintenance agreement between Sacramento Delta Reclamation Districts and the California Department of Fish and Game and a dispute over remediation of 9 Superfund sites involving 19 parties. He mediates discrimination claims for the EEOC and has mediated and arbitrated executive compensation, discrimination, and wrongful termination disputes involving Fortune 500 companies.
Mr. Brand has engaged in med-arb under statutory procedures involving state and federal entities, as well as in trust fund and trade secret cases. His primary practice has been in labor and employment law, but he has also served on specialized panels requiring scientific literacy in biochemistry, medicine, and psychiatry, as well as an understanding of research and laboratory procedures.
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Articles and Video:
How To Choose an Employment Arbitrator
Many labor and employment lawyers are accustomed to choosing arbitrators in collective bargaining cases. They are familiar with the structure of collective bargaining arbitration and the considerations that go into choosing an arbitrator. Employment arbitration is structurally different from collective bargaining arbitration and requires different considerations in choosing an arbitrator. Labor and employment lawyers who are not familiar with collective bargaining arbitration need to consider the structural differences for the guidance it can provide in choosing the best employment arbitrator for their case. By considering these differences, both types of counsel can increase the probability of an efficient, expeditious, and fair process.
Streamlining the Arbitration Process
Arbitrators sell curable ignorance. You know why your client should win; we do not. Indeed, we begin by not knowing anything about the case. Your job is to educate us. The process of educating an arbitrator is different from educating a jury or judge.
Choosing the "Expert" Mediator
When a dispute is truly ripe for mediation, who you choose to mediate is unlikely to affect the outcome. Frequently, however, who you choose to mediate can be critical to making mediation work.
Learning To Use The Mediation Process - A Guide For Lawyers
Mediation is changing law
practice. It is the cheapest, lowest risk,
and most under-utilized form of alternative
dispute resolution. And the demand for it is
Using Mediation Effectively
Mediation can be a powerful tool for settling disputes. The recent
Teamsters strike at UPS was settled with the assistance of a mediator. The
potential lawsuit over not renewing the contract of Los Angeles Police Chief
Willie Williams was resolved through mediation. Despite the enormous growth in
mediation of private disputes, mediation does not appear to have undergone
significant growth in cities, counties, and municipalities. Yet public disputes
-particularly public sector disputes - are prime candidates for mediation.