Harvey C. Berger, Esq.
Attorney, Arbitrator, Mediator, Pro Tempore Judge
San Diego, California
Daily Rate $5,950
Current Berger & Williams, LLP – Partner
Languages English
https://www.adr.org/videoresume?paramName=246843643
Berger & Williams, LLP – Partner
Attorney, Arbitrator, Mediator, Pro Tempore Judge
Partner, Berger & Williams LLP, 2022 - present; Partner, Berger Williams & Reynolds LLP, 2018 – 2022; Partner, Pope Berger Williams & Reynolds LLP, 2015 – 2018; Partner, Pope Berger & William, LLP, 2003 – 2014; Partner, Pope & Berger, 1996 – 2002; Partner/Associate, Haasis Pope & Correll A.P.C., 1984 – 1996; Associate, McInnis Fitzgerald Rees Sharkey & McIntyre, 1982 – 1984.
In addition to extensive counseling and litigation experience, has been retained numerous times as an expert witness by both plaintiffs and defendants. Retained as Human Resource expert and in wage and hour matters.<br/><br/>Elected to the College of Labor and Employment Lawyers in 2015.<br/><br/>Well balanced employment law practice representing both employer and employees (approx. 50/50).
Mediated scores of cases. Although not advertised as a mediator, parties who are aware of the experience as both a plaintiff employment attorney and a defense employment attorney have requested services to mediate a number of employment cases, including two class actions. <br/><br/>Served as arbitrator for the San Diego County Bar Association Fee Dispute Committee routinely in the past, convinced parties to mediate, and in 98% of such cases, was able to get the parties to settle their differences. <br/><br/>Attended the two week Strauss School of Mediation - Mediating the Litigated Case in February 2013.
Mediated Employment Law Matters, Wage and Hour Class Actions, and Attorney Fee Dispute matters.
Harvey Berger believes if the mediator can establish rapport with, and gain the trust of the parties, the prospects of settlement improve immeasurably. Critical to any mediation is an exchange of information; with trust, information flows more readily. His extensive experience in civil litigation, and employment law will help both parties to analyze the strengths and weaknesses of their own case and that of the other party.
Pepperdine University/Strauss School of Mediation (2013); University of San Diego School of Law (JD-1981); Massachusetts Institute of Technology Sloan School of Management (MS-1976); State University of New York at Stony Brook (BA-1974).
Admitted to the Bar: California, 1982.
State Bar of California; American Bar Association; San Diego County Bar Association; California Employment Lawyers Association; National Employment Lawyers Association; Association of Trial Lawyers; Society for Human Resource Management; San Diego Defense Lawyers; Consumer Attorneys of San Diego; Lawyers Club of San Diego; Defense Resource Institute; Center for International Legal Studies; Member San Diego Superior Court Alternative Dispute Resolution (ADR) Committee.
Publications:<br/>Uniform Services Employment & Reemployment Rights Act.<br/>Contributing author: BNA Wage & Hour Laws, a State by State Survey. <br/><br/>Speaking Engagements: <br/>Thomas Jefferson School of Law re: Elimination of Bias; <br/>Consumer Attorneys of San Diego Symposium re: Employment Law;<br/>American Bar Association November 2011 Conference re: ABA Alternative Dispute Section on Mediation;<br/>CA State Bar Re: Worker Adjustment and Retraining Notification Act;<br/>Employment & Labor Law Society at University San Diego re: Sexual Harassment;<br/>Society for Human Resource Management re: Whistle Blower claims (LC 1102.5), Law Day (January 2013);<br/>Society for Human Resource Management re: Disability Discrimination, Law Day (January 2014); <br/>San Diego County Bar Association Elimination of Bias (January 2014); and <br/>speaker at numerous (over 30) Sexual Harassment training sessions and management training seminars for private corporations.
Will travel to Northern California - San Francisco Bay area for Arbitrations and Mediations with no travel charge.
$5,950 Per Day
English
United States of America
San Diego, CA

The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
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Mediators on the AAA Roster are not employees or agents of the AAA.