Frequently Asked Questions

About Michael Strauss

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1. What is your background in employment law and dispute resolution?

I have nearly 20 years in employment law, representing both employees and employers, including wage-and-hour class actions, PAGA, wrongful termination, discrimination, and harassment. My class action experience is especially robust, as I was appointed as class counsel in over 40 cases. I litigated employment cases all over California and even represented the plaintiff in a US Supreme Court decision relative to California employment law. I owned and managed a law firm that at one point had seven attorneys and four staff. I now serve full-time as a neutral, primarily mediating and arbitrating employment law disputes.

 

2. What types of cases do you mediate or arbitrate?

 

I mediate and arbitrate employment disputes of all kinds: PAGA, wage-and-hour (class and representative), FEHA claims, retaliation, harassment, wrongful termination, defamation, trade secrets, and privacy. I also mediate other types of civil disputes, such as between businesses.

 

3. What’s your approach to mediation?

 

Preparation, Patience, and Persistence—the “three Ps.” I study the briefs, run an efficient process, and keep working post-session when appropriate to close remaining gaps. I also believe it is critical to forge a connection with the lawyers and their clients, which helps me better understand the dynamics at play and what types of issues may stand in the way of a resolution. At the lawyers' option, I will hold separate pre-mediation calls with each side.

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4. What training and credentials do you have in ADR?

 

I enrolled in the Certificate in Dispute Resolution program at the Straus Institute at Pepperdine University's Caruso School of Law. After taking four semester-long courses and mediating many dozens of employment cases, I decided to put my formal training on hold and to transition to full-time mediation. I continue to receive mediator training on a regular basis from other sources. I also serve on various court panels, each of which vetted my credentials, including for the Los Angeles County Superior Court, Alameda County Superior Court, and the United States District Court for the Central District of California. 

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5. Do you have testimonials or references?

 

Yes—reviews are available on my Judicate West panel profile, and additional references can be provided on request. 

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Services Offered

 

6. What types of cases do you mediate or arbitrate?

Employment disputes of all kinds: PAGA, wage-and-hour (class and representative), FEHA claims, retaliation, harassment, wrongful termination, defamation, trade secrets, and privacy. While I also mediate some non-employment cases, such as business-to-business disputes, I exclusively arbitrate employment cases.

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I also mediate cases referred by theLos Angeles County Superior Court's MVP program, the Central District of California's panel mediation program, and the Alameda County Superior Court's ADR program.

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7. Do you offer in-person mediations, or do you exclusively mediate by Zoom?

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While I conduct most of my mediations remotely (by Zoom), I am happy to mediate cases in-person as well. I have access to all of Judicate West's offices -- Los Angeles, San Diego, Santa Ana, Oakland, and Sacramento -- and I am happy to travel further afield. If you want to set an in-person mediation, just let my case manager know and she will set it up.

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8. Do you arbitrate through Judicate West or the American Arbitration Association?

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Both. I am on the National Roster of Employment Arbitrators for the American Arbitration Association (AAA). Thus, when parties to an arbitration agreement hat specifies that it is to be administered through the AAA, the parties to the arbitration matter can select me as their arbitrator. The same is also true when the arbitration agreement specifies that Judicate West is to administer the arbitration -- in that case, after the parties select me as their arbitrator, Judicat West will run the arbitration. In the event that parties to an arbitration agreement want to hire me directly, I insist that the arbitration must be administered through Judicate West.

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Scheduling and Logistics

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9. How do I schedule a private mediation with you?

 

The best way to book a mediation with me is to contact my case manager, Delmy Sanchez. Her phone number is (714) 852-5186. You can also fill out an availability request on this website, which will be sent automatically to Delmy, who will respond quickly.

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10. How do I set up an arbitration with you?

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You may also initiate an arbitration that specifies me as your arbitrator by contacting my case manager, Delmy. Her contact information is above.

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11. How do I schedule a court-ordered mediation with you?

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For cases referred by the Los Angeles County Superior Court or the Central District of California, contact me directly at michael.strauss@judicatewest.com. Make sure to let me know which one is the referring court.

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For cases referred by the Alameda County Superior Court, contact my case manager, Delmy, and let her know that the mediation is to be conducted pursuant to the Alameda Superior Court's ADR program.

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12. What are your rates and cancellation terms?

 

My current rates and policies for private mediations and arbitrations are posted with Judicate West. Please reach out to my case manager for the most up-to-date details.

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For my current rates for court-ordered mediations, please contact me direct at michael.strauss@judicatewest.com.

 

13. Can you accommodate disabilities or special access needs?

 

Absolutely. Let my case manager know what accommodations are needed, and we’ll prepare accordingly.

 

Mediation Process

 

14. Do you offer remote sessions?

 

Yes. I regularly conduct mediations and arbitrations by Zoom, as well as in person when preferred.

 

15. Do you mediate in Spanish?

Yes. I speak and understand Spanish very well, but I am not fluent. While I can conduct sessions bilingually or entirely in Spanish, I will only do so if the lawyers and clients each speak Spanish during the mediation.

 

16. What do you expect in a pre-mediation brief?

 

Briefs, which I expect to receive one week in advance of the mediation, should provide the following information:

 

• Statement of facts;

• Analysis of legal claims and defenses;

• Damages (with detailed calculations of all economic damages);

• Status of the case (including prior settlement negotiations);

• Anticipated arguments from the opposing party and responses;

• Anticipated barriers to resolution;

• Mediation attendees, roles, and email addresses for Zoom invitations/room assignments;

• Cell phone numbers of counsel (in case of Zoom issues): and

• Any additional information that the parties deem helpful.

 

The parties are encouraged to include important evidence, including exhibits, key deposition testimony, and declarations.

 

The parties may elect to exchange briefs or keep them confidential.  If briefs are confidential, please specify which facts, arguments, and evidence cannot be discussed with the opposing party/parties.  For ease of reference, I encourage parties, even when briefs are confidential, to include a section titled “Additional Facts” or “Confidential Portion” that include all information that should not be shared with the other side.

 

17. Do you do pre-mediation calls?

 

Yes—on request or when helpful. These calls clarify priorities, barriers, and logistics so we can use the session time strategically.

 

18. What if we don’t settle at the session?

 

I continue working the file. Follow-ups by phone or email are common, and many matters resolve in the days that follow.

 

Industries and Case Types

 

19. What industries do your cases commonly involve?

 

A broad mix, including agriculture, healthcare, hospitality, tech, education, retail, construction, logistics, and public entities.

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