Kim Deck was at the forefront of the mediation movement starting as a full-time mediator and fact-finder in 1989. Having shadowed employment mediators and studied resolution techniques early in her career, she developed a passion for resolving specifically employment cases. Since then, she has mediated almost every type of employment dispute including single plaintiff, PAGA, and class action. In addition to often being selected in emotionally charged matters, her experience also includes breach of contract disputes in the entertainment industry.
Kim has successfully settled the vast majority of more than 4,000 plus cases and receives high praise from both plaintiff and defense counsel for being open-minded, objective, responsive, and tenacious in facilitating settlements. Litigants often comment on her personal concern for their client's interests and feelings, her persistence in following up with the parties, and her creative solutions in dealing with the issues.
One client commented, "Kim is a no-nonsense mediator who has settled every case my firm has brought to her. She is masterful, consistently demonstrating the right combination of legal knowledge, aggression, empathy, and honest communication to achieve amazing results." Another client commented, "I am always impressed with Kim's ability to fashion a creative solution."
Practice Areas
- All Types of Employment Related Matters
- Business/Contractual
- Entertainment
- Personal Injury
Hobbies & Interests
In her spare time, Kim enjoys spending time with her husband and their two children as well as skiing, hiking traveling, and is fluent in Italian.
Website
Legal Career
- Neutral, Judicate West (2007-Present)
- Full-Time Mediator, 1998-Present
- Associate General Counsel and Manager, Employment Dispute Resolution Group, JAMS, 1991-1998
Education & Professional Affiliations
- J.D. Whittier College School of Law (1991)
- B.A. St. Mary’s College, Business Administration & International Relations (1984)
- Society of Professionals in Dispute Resolution, Member (1991-Present)
- California State Bar Association, Member
- California Employment Lawyers Association (CELA), Member
- Los Angeles County Bar Employment Group, Member
- Southern California Mediation Society, Member (1995-Present)
- Disability Rights Legal Center, Board Member
- Association of Media and Entertainment Counsel, Board Member
- Straus Institute for Dispute Resolution, Pepperdine University School of Law
Achievements & Awards
- Ms. Deck has been named by the Daily Journal as a Top Neutral in the State of California (2007).
- Harvard Negotiation Project-master series for negotiations and managing difficult conversations.
- Co-Chair of the Dispute Resolution Section for the Association of Media & Entertainment Counsel (AMEC).
- Peace Maker of the Year Award by AMEC (2013).
Below is a sampling of the various matters Kim Deck, Esq. handled as a practicing attorney or neutral.
Contractual
- Dispute between family members over right to control family business involving allegations of breach of fiduciary duty and unfair competition issues
Cannabis Breach Of Contract
- Manufacture of cannabis v. big retail operation-breach of contract dispute.
- 7 employees v. retail operation misclassification/breach of contract and discrimination.
Cannabis Industry
- Employee vs. cannabis manufacturing company.
- Mediated a case for a company that manufactures and sells a variety of marijuana products.
A D A
- 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.
Breach of Contract
- Sales representative from a major company seeks back commissions.
Discrimination
- Mediated a settlement in excess of $1 million in a racial discrimination case against a Fortune 500 company
- 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
- Resolved many gender bias claims with issues involving disparate treatment of multiple plaintiffs, unequal pay, glass ceiling, transsexual and transgender issues
- Successfully mediated numerous matters involving national origin and race discrimination claims and retaliation for complaining of such
Family Leave Act
- Mediated hundreds of matters with women asserting pregnancy discrimination
Hostile Environment
- 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
- Successfully resolved numerous cases with males and females claiming sexual orientation discrimination and retaliation in the workplace
Sexual Harassment
- Celebrity accused of rape by a women alleging it happened almost 3 decades ago.
Wage and Hour
- Mediated a complex wage-and-hour dispute against a Fortune 500 energy company that settled for more than $10 million
Wage and Hour Class Action
- Settled a wage-and-hour class action case against a top Los Angeles restaurant for $2 million
- Employment 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
Wrongful Termination
- Wrongful termination 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
- Top level C-Suite Executive at major movie studio brings an action for gender discrimination.
Entertainment Issues
- Studio vs. 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
- Famous Pop Star and Manager agree to terminate their management agreement. Mediation involved working out issues regarding contractual interpretation of commissions owed as well as publicity issues.
Breach Of Contract
- Breach of real estate sales contracts; contractual and equitable remedies including specific performance, rescission, and/or damages
- Mediation and settlement of numerous brokers' disputes
Buy/Sell
- Misrepresentations in connection with purchase and sale
Landlord/Tenant
- Lease disputes on commercial property
Property Damage
- Contamination to real property, including toxic materials and mold
Real Property
- Competing purchasers of real property
Transaction
- Real estate commissions
- Title insurance, including coverage, malpractice, and handling escrow instructions
Assault and Battery
- Professional Sports player was accused of sexually assaulting his on and off again girlfriend.
PI Sexual Assault
- A woman on vacation in NYC orders a massage and is sexually assaulted by the massage therapist.
She was objective and knowledgeable.
- Attorney on a Commerical Employment Discrimination Case
My clients and I are always pleasantly surprised, happy, relieved, and pleased after ending a mediation with Kim. She artfully and delicately cuts to the heart of the claims and defenses. In every mediation I've had with her, her calm attitude, concern for the client, and overall demeanor allowed my clients to feel heard, but more importantly able to listen and understand why settlement is sometimes the best option.
- Attorney on a Personal Injury Sexual Assault Case
Ms. Deck quickly grasped the most important points, and focused on them to help attain a resolution.
- Attorney, San Francisco, CA
Kim Deck was excellent. She was very responsive, a fantastic communicator, and very efficient under the time constraints of a half-day mediation with no prior demands or offers. I would absolutely recommend her as a mediator in the future.
- Attorney on a Personal Injury Sexual Assault Case
Kim Deck is a very strong mediator who is familiar with employment law.
- Attorney With Over Two Decades of Experience
We appreciated how the mediator focused the parties on the real issues and cut to the chase without rushing the process.
- Attorney on an Employment/Discrimination Case
Kim was extremely sensitive to the facts of the case and allowed my clients to speak freely and really listened to them. She was strategic when needed to be, and did not give up until there was an ultimate resolution at the end of the day.
- Attorney on an Employment/ Discrimination Case
Kim Deck is great; understands the issues, cuts to the chase, and pushes both sides when they need to be pushed.
- Partner at a Top Firm Specializing in Employment Matters
