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Since 1983, Mr. 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. In 2006, 2007, and
2008 he was named a Northern California “Super Lawyer” in ADR.
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.
Mr. Brand is a member of the National Academy of Arbitrators, a Fellow of the
College of Labor and Employment Lawyers, a Fellow of the American College of Employee
Benefit Counsel, a Fellow of the American College of Civil
Trial Mediators, past President
of the California Dispute Resolution Council, a panelist for ADR Services, Inc., a panelist
on the California Academy of Distinguished Neutrals, a panelist on the National Employment
Mediation Service, and a member of the American Association for the Advancement of
Science. He is on the American Arbitration Association’s Employment, ERISA/MPPAA,
Commercial, Large Complex Case, and other panels. Among his recent publications are:
Labor Arbitration: The Strategy of Persuasion, Second Edition (San Francisco:2006),
How ADR Works (Washington: BNA, 2002), Discipline and Discharge in Arbitration,
(Washington: BNA, 1998), and "When Experts Testify: Exploiting the Advantages of
Arbitration,” 4 ADR Currents 1 (Fall 1999). He is a contributor to ADR and Settlement,”
in California Practice Guide – Employment Law (Rutter Group:2001) and Designing
Integrated Conflict Management Systems, Cornell Studies in Conflict and Dispute
Resolution, 2001).
Mr. Brand has a Ph.D. and has taught arbitration, negotiation, and mediation. He has
taught neutrals for the American Arbitration Association, judges at the National Judicial
College, and students as a Professor at Albany Law School and as an Adjunct Professor
at Hastings College of the Law.
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