Mediation Philosophy
The Three Ps: Preparation, Patience, and Persistence
My mediation philosophy centers around three key principles: preparation, patience, and persistence.
Regardless of the type of dispute, I dedicate substantial time to preparing for every mediation. This preparation includes holding separate pre-mediation discussions with counsel, conducting in-depth research beyond the parties’ briefs to understand relevant legal standards and jury verdicts, and devising tailored negotiation strategies for each party. Mediation may be the closest a party comes to having their "day in court," and through thorough preparation, I aim to ensure the process is respectful, transparent, and fair, allowing all parties to feel heard and understood.
By nature, I am a patient person—raising three sons certainly cultivated that quality! Patience, which I define as staying calm and optimistic in the face of adversity, is central to my approach. Mediation often takes parties on a complex emotional journey. They may arrive with anxiety or frustration, become defensive or angry when confronted with opposing views, and experience hope or relief as they near a settlement. This journey can be turbulent, with emotions running high—there may be tears, outbursts, or even shouting. I encourage parties to go through this emotional process, as it is sometimes necessary to reach a meaningful resolution. Throughout, I remain steady, providing a calm and supportive presence before, during, and after the mediation.
Not every case will settle during mediation, but persistence often leads to resolution in the long run. If a case doesn’t settle in the session, I make it a point to remain involved, continuing to facilitate discussions until a settlement is reached. In some cases, this follow-up can take months, but because I am deeply committed to helping parties find resolution, I am willing to invest whatever time and effort is necessary. Persistence is often the key to a successful outcome.
In conclusion, my approach to mediation is built on a foundation of preparation, patience, and persistence, all of which are essential to navigating the complexities of dispute resolution.
Biography
I attended my first mediation while I was in college, and from that moment, I knew that becoming a mediator was my ultimate career goal. However, I understood that reaching that goal would require significant experience as a practicing lawyer. After graduating from law school, I began my legal career at a general litigation firm, where I represented businesses and individuals in real estate, business, and employment disputes.
Five years later, my wife Jenna and I started our own firm, dedicated to representing employees in employment litigation. I built a reputation as a class action litigator, serving as lead or co-lead counsel in numerous class actions involving wage-and-hour violations in both state and federal court. Some of these cases resulted in mediated settlements reaching eight-figure amounts.
In addition to class actions, my firm also represented employees in individual cases, such as those involving discrimination, harassment, and retaliation. I’ve secured significant victories for my clients in court and arbitration and have argued before state and federal appellate courts.
Many of the cases I handled involved novel legal theories. In one series of cases against oil platform operators off the California coast, I argued that California's wage-and-hour laws should apply to workers on the platforms and that the operators were violating these laws. Although the federal District Court initially ruled that California laws did not apply, I successfully obtained a reversal at the Ninth Circuit Court of Appeals. The case went all the way to the United States Supreme Court, where I had the opportunity to argue before the Court. Unfortunately, the Court ultimately ruled against my clients and reversed the Ninth Circuit’s decision.
After many years of representing both employers and employees, I decided to pursue my long-standing goal of becoming a mediator. I have since completed numerous courses at the Straus Institute for Dispute Resolution at Pepperdine University's Caruso School of Law.
Today, I mediate the same types of cases I litigated for years as an employment attorney — FEHA, wage-and-hour, retaliation, whistleblower, trade secrets, and class action disputes. I regularly serve as a mediator for the Los Angeles Superior Court's Resolve Law Virtual MSC program and am on the mediation panels for the United States District Court for the Central District of California and the Los Angeles County Superior Court's MVP program. I’m also on the National Roster of Employment Arbitrators for the American Arbitration Association (AAA).
In addition to my work as a mediator, I serve on the board of trustees for a private elementary school and chair the Steering Committee for the Ventura County Bar Association's Lawyer Referral and Information Service. Previously, I served two terms on the Board of Directors of the Ventura County Bar Association.
Outside of my professional life, I’m an avid mountain biker and hiker. I have coached youth soccer and cross-country mountain biking. I love traveling, camping, and spending time with my family and our dog.
Education
2001
Bachelor of Arts
University of California, Berkeley
Mike graduated from Berkeley with a BA in History, with a focus on the African diaspora in North America and Caribbean. He studied abroad at the University of the West Indies in Barbados.
2006
Juris Doctor
Wake Forest University
School of Law
Mike obtained his law degree from Wake Forest University in North Carolina. During law school, he interned for the Forsyth County District Attorney and the National Labor Relations Board.
Employment Law Appellate Experience
Parker Drilling Mgmt. Servs., Ltd. v. Newton, 204 L. Ed. 2d 165, 139 S. Ct. 1881 (2019)
Wage and hour class action case of first impression seeking California overtime pay for offshore oil platform workers. Mike represented Plaintiff Newton before the US Supreme Court.
Curtis v. Irwin Indus., Inc., 913 F.3d 1146 (9th Cir. 2019)
Wage and hour class action case setting standard for LMRA preemption of Labor Code claims. Mike argued on behalf of Plaintiffs before the Ninth Circuit.
Mauia v. Petrochem Insulation, Inc., 5 F.4th 1068 (9th Cir. 2021)
Wage and hour class action case further expanding the holding in Parker Drilling. Mike argued on behalf of Plaintiffs before the Ninth Circuit.
Fritsch v. Swift Transportation Co. of Arizona, LLC, 899 F.3d 785 (9th Cir. 2018)
Wage and hour class action case setting standard for CAFA removal. Mike argued on behalf of Plaintiff before the Ninth Circuit.
Sarantopoulos v. Shepherd Home Health Care, Inc., No. B267364, 2017 WL 3124059 (Cal. Ct. App. July 24, 2017)
Individual wage-and-hour case tried to verdict in favor of employer in Los Angeles. Mike argued before the Second District Court of Appeal, which reversed the decision on all issues, leading to nearly $450,000 judgment.
Britto v. Zep Inc., No. A141870, 2015 WL 5657147 (Cal. Ct. App. Sept. 25, 2015)
Court of Appeal upheld fee award for Plaintiff's attorneys in the amount of approximately $1.2 million in PAGA action. Mike argued on behalf of the Plaintiff before the First District Court of Appeal.
Hotvet v. First Wilshire Sec. Mgmt., Inc., No. B271092, 2018 WL 1165464 (Cal. Ct. App. Mar. 6, 2018)
Partially affirming order denying motion to compel arbitration in individual wage and hour/retaliation action. Mike argued on behalf of the Plaintiff before the Second District Court of Appeal.
Davis v. Komoto Pharmacy, Inc., No. F073753, 2018 WL 3640555 (Cal. Ct. App. Aug. 1, 2018)
Affirming trial court victory for Plaintiff, a pharmacist misclassified as exempt, in wage and hour dispute. Mike argued on behalf of the Plaintiff before the Fifth District Court of Appeal.
Get in Touch
MAILING ADDRESS
Michael Strauss
Alternative Resolution Centers, LLC
10990 Wilshire Blvd., Ste 900
Los Angeles, CA 90024
805-284-8224