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Alexander Polsky

Alexander S. Polsky, FCIArb

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Case Manager
Laura Aguilar
T: 714-937-8256
F: 714-939-8710
500 N. State College Blvd., 14th Floor, Orange, CA 92868
Mr. Polsky has a very high settlement rate as a mediator of employment disputes. He employs a specially designed process to ensure that the unique emotions involved in these cases are properly managed, and to facilitate good communication. He also serves as a neutral fact finder and facilitator in labor related issues. His articles on the subject have been published in Bar journals and legal newspapers.

Representative Matters

  • Labor complaint neutral fact finding in connection with large manufacturing corporation.
  • Mailroom employee exposed to irritating fumes. Claim against seller for inadequate markings and employer for failure to give notice of chemical shipment. (Settlement including early medical retirement)
  • Pre suit mediation of claim of age discrimination and wrongful termination of 41-year employee who rose to the position of President of company that was eventually bought out by defendant. Following buy out, plaintiff was placed in the position of Vice President of Sales and Marketing at a base salary of $100 k plus bonus, until he was escorted out 18 months after the buy out. Plaintiff was replaced by a younger employee in an effort to reduce compensation expenses. (Settlement $100 k plus attorney fees)
  • Repeated touching by manager followed by demotion after advances were rebuffed. (Settlement agreement involving relocation, promotion, payment of attorney fees, special management sensitivity program)
  • Sexual advances to 23-year-old temporary clerical worker by 51-year-old manager. (Settlement $75 k)
  • Sexual discrimination alleged by female mutual fund manager against parent corporation when a male co-manager was appointed. Allegations included disparate treatment and hostile work environment. (Settlement $850 k)
  • Sexual harassment alleged against manager for repeated acts of sexual intercourse with subordinate employees. ($1.5 mm)
  • Suit by tanker truck driver against oil company for failure to create a light duty job following a work related injury. Corporation asserted that the law of reasonable accommodation does not require that the employer create a new position with its organization and that, after plaintiff could not return to work following a 16 month leave, termination was appropriate. (Settlement ($175 k)
  • Termination of 8-year manager of nationwide telecommunications company due to aggressive management style without adherence to progressive counseling policies. (Settlement of 1.5 years of salary)
  • Termination of city manager in violation of contract, which provided for employment absent acts of moral turpitude against city, following conviction for solicitation of prostitute. (Settlement of relocation benefits plus 1.0 year of salary plus attorney fees)
  • Action by sales representatives for breach of contract and wrongful termination after they were recruited from a competitor, trained, put into the workforce and fired within 12 months. Plaintiff asserted that they were recruited to remove them from a competitor and then terminated in violation of public policy after they refused to provide customers with false and inflated information regarding cost the customers were incurring and savings that could be obtained. (Settlement)
  • Allegations of sexual harassment claims and failure to provide a safe working environment against country club, secondary to overt sexual comments and actions by clientele, and failure to respond to complaints. (Settlement $150 k)
  • Americans With Disability Act Claim, including wrongful discharge and improper refusal to provide reasonable accommodation. Plaintiff was a 49-year-old warehouseman who was injured outside of work. He was terminated after a 16-month medical leave and a determination that he could not return to the former job on a full time basis. (Settlement based on adjusting termination date to increase pension benefits, plus continued salary for a set term plus attorney fees.)
  • Breach of contract and constructive termination as a result of unilateral change in compensation plan affecting nationwide sales representatives of national telephony company. Class certification denied. (Case settled at mediation as a Business and Professions Code section 17200 claim)
  • Claim by Chief Operating Officer that he was misled by verbal offer of employment which had induced him to sell two homes and relocate to California. Also alleged termination in retaliation for identification of an internal fraud and to avoid payment of stock options and substantial bonus. (Settled at mediation)
  • Claim of racial discrimination by employee of national fast food operator for its refusal to grant accommodation to permit time off to attend non-scheduled prayer meetings. (Settled with payment of money and termination of employment)
  • Claims of sexual harassment in violation of Title VII, 42 U.S.C. section 2000 involving female worker entering workplace for the first time as a result of the incapacity of her husband. She was hired by manager who then encouraged worker to engage in various sexual acts in exchange for promises of promotion and threat of termination.
  • Constructive termination, emotional distress, sexual and racial harassment alleged against physician by office manager and nursing staff following their reporting of insurance fraud by the physician. (Settled at mediation)
  • Employee claim for discrimination arising from use by employer of record of employee arrest that did not result in a conviction. (see Labor Code section 432.7). Employer asserted termination cause was pulling a knife on a co-employee. (Settlement for 1 year of pay plus attorney fees)
  • Employment discrimination resulting from termination after employee confided in manager that she and her husband intended to start a family. Wage claim also tendered and resolved.
  • FEHA and whistle blowing claim secondary to termination of 63-year-old Latino male who was the sole Latino employee of the respondent company. Plaintiff was the director of human resources. (Settled for payment of one year salary plus attorney fees)
  • FEHA claim of age harassment, failure to investigate, retaliation, and constructive discharge filed by 60-year-old employee of nationwide retailer. Acts complained of commenced within 30 days of hiring. (Settled at mediation).
  • FEHA, wage/hour, and sexual harassment claims arising from alleged pattern of Hollywood executive hiring 18-21 year old personal assistants and thereafter implicitly offering exposure in exchange for a sexual relationship.
  • Loan broker merged company into defendant company upon promise of six-year employment contract, ownership points, bonus formulae, and salary. Terminated for performance issues upon integration of merged business. Asserted fraud and losses exceeding $10 mm. (Settled $337 k)
  • Reduction in grade of Controller of international auto racing corporation to the position of Manager of Finance. Allegation of constructive termination. (Settled at mediation)
  • Resignation without notice by highly compensated female investment manager who was responsible for a $1 bn bond portfolio following appointment of a male co-manager. Allegation of gender discrimination. (Settled for payment of one-year salary.)
  • Suit by five female employees of international fast food operator alleging hostile and sexual work environment. (Settlement included removal of manager from management and payment of compensation to each employee.)
  • Suit by tenured community college educator alleging age discrimination in connection with changes in teaching responsibilities. (Settlement involved cash buy out of contract, extension of medical benefits, and attorney fees)
  • Suit for hostile work place and sexual harassment brought by six young female workers (this position being their first job) of fast food restaurant due to actions and comments by the manager. No overt contact or touching alleged. (Settlement included training of manager, apologies, and compensation)
  • Wage & hour claim by firefighter working in security field after hours. Issue of flat rate pay vs. entitlement to overtime.
  • Wrongful termination and fraud asserted by co-owner of private banker who asserted she was induced to merge her practice and then constructively terminated in an effort to obtain trade secrets and client lists. (Settled for workout of business and formulae to share commissions)
  • Recognized as a Best Lawyer, Alternative Dispute Resolution category, Best Lawyers in America, 2008-2018
  • Recognized as a SuperLawyer, Alternative Dispute Resolution category, SuperLawyers, 2006-2016
  • Recognized as a Top Master, Daily Journal
  • Recognized with AV Preeminent Status as a Top Rated Lawyer in Alternative Dispute Resolution, Martindale-Hubbell
  • Recognized as a Top California Neutral, Daily Journal, 2006-2010, 2012
  • Speaker, "What Real Estate Attorneys Can Learn From Mediators—And Vice Versa," Tokyo Annual Conference of the International Bar Association, 2014
  • Panelist, U.S. District Court for the Central District of California Mediation Panel
  • Successfully completed "Accelerated Route to Fellowship International Arbitration Program with Award Writing Examination, Chartered Institute of Arbitrators, North American Branch, 2014
  • Former Adjunct Professor of Law, University of Southern California School of Law and Straus Institute for Dispute Resolution at Pepperdine University School of Law
  • Lecturer (partial list): California Bar Association, American Bar Association, Association of Southern and Northern California Defense Counsel; Consumer Attorneys of California, Los Angeles and Orange County; Los Angeles, Orange County and San Francisco Bar Associations; Pepperdine University Law School; Building Industry Association
  • Past Director: Orange County Bar Association, Orange County Trial Lawyer's Association, Southern California Adjuster's Association
  • Past Chairperson, Orange County Bar Association Committee on ADR
  • Delegate, State Bar of California, Conference of Delegates
  • National Institute of Forensic Studies, Professional Advisory Board
  • Publications on ADR and Attorney Fee Disputes for State and Local Bar Associations, firms, trade associations, and newspapers. Author: "A System for Cost Effective Management of Construction Defect and Complex Litigation." Author: "ADR, Why Does it Work?" Author: "Use of the Special Master in Complex Litigation." Author: "Use of Risk Based Facilitative Dispute Resolution."
  • Mr. Polsky has lectured throughout the United States. He is an adjunct Professor of Law at the University of Southern California, where he teaches a course he designed on ADR and negotiation, and at the Straus Institute for Dispute Resolution at Pepperdine University School of Law, where he teaches courses in the LLM program. He is available to provide training in negotiation and mediation skill development to corporations and professional organizations.
  • Pro bono activities include Dispute Resolution Services (DRS) Board of Directors; Los Angeles/Long Beach Legal Aid Grand Cru Board of Directors; Public Law Center of Orange County Board of Directors; Los Angeles County Bar Association volunteer mediation program volunteer
    ADR Profiles

    Counsel Comments

      • "Nobody works a case like [Alex] and I think all counsel appreciate how prepared he is for tough cases."

        - New York Attorney
      • "Alex went above and beyond the call of duty showing up to our office to review the case the night before[...]. The case did not settle on the day of the [...] mediation and he continued to work [round] the clock on the Friday before trial to get the case resolved. Well done Alex!"

        - Orange County Attorney
      • "The thought, care, and attention he put into this mediation really showed and my client appreciated his superior mediation efforts." 

        - Orange County Attorney
      • “You did a masterful job of handling the many egos in the 2 rooms. The word that always comes to mind about you is ‘unflappable.’”

        - Orange County attorney
      • “Thanks for the great news that this matter has settled. As you know, it was complicated factually and legally, and your resolution of it speaks to your ability and persistence.”

        - Comment from Superior Court judge of settled matter Los Angeles, CA.
      • “I do not believe this would have settled without your efforts.”

        - Comment from counsel after $2.5 million settlement of coverage dispute. Los Angeles, CA
      • “Thank you, Mr. Polsky. We couldn’t have done it without you.”

        - Robert M. Nash, Esq.
      • “Thank you for your evenhandedness at the arbitration.”

        - Alex Weiss, Esq.
      • “Unlike other mediators, Mr. Polsky does not give up, he hangs in there and keeps the process going even when others would expect an impasse he gets the job done.”

        - Robert Hubbell, Esq. Morrison & Foerster LLP Los Angeles, CA
      • “Mr. Polsky, your sensitivity to my family’s horrible loss, and your unbiased communication of the risks of trial, allowed us to see the wisdom of settlement. Thank you.”

        - Comment from plaintiff after settlement of wrongful death case
      • “Thank you for taking the time to drive to my home on a Saturday to mediate what might have been an explosive situation. Your calmness and ability to listen to both sides to assist us in reaching an amicable solution was a supreme effort... My humble thanks for your expertise.”

        - Thank-you note from plaintiff after mediation of construction defect case
      • “Your reputation as a hard working settlement judge was definitely confirmed by your efforts in this case.”

        - Herbert Hafif, Esq. Claremont, CA
      • “Thank you for an outstanding job in settling (case name). You handled the (product liability/death by decapitation) matter in an outstanding fashion.”

        - David Berglund, Esq. Berglund & Johnson Woodland Hills, CA
      • “I do not believe this matter would have settled without your assistance.”

        - Ronald Darling, Esq. Darling & Risbrough LLP Irvine, CA
      • “You have a reputation as a closer who is not afraid to get down to business in construction defect cases and get the job done.”

        - Kenneth Kasdan, Esq. Kasdan Simonds Weber & Vaughan LLP Irvine, CA
      • “Mediator Alex Polsky was fantastic!” 

        - Charles C. McKenna, Esq. Wright, Finlay & Zak Newport Beach, CA
      • “I wish to express the appreciation I feel for the extremely professional, efficient and friendly manner in which this mediation was conducted. Feel free to use my name as an attorney who feels that Alex Polsky not only gets things done, but also does them in a way that is positive and constructive.”

        - Perry Irvine, Esq. Palo Alto, CA
      • “You brought such and ease and true concern in imparting much needed and practical insight.”

        - Angela Pickett, Esq. Long Beach, CA
      • “Your hard work and constructive efforts were instrumental in bringing this litigation to a successful conclusion for both sides.”

        - Henry Zangwill, Esq. Anderson, McPharlin & Conners LLP Los Angeles, CA
      • “A party lied [during non binding arbitration] and when confronted with it, Mr. Polsky called a time-out. I thought this was very sensitive of him. Mr. Polsky’s handling of [the witnesses’] distress was very good.”

        - Pauline White, Esq. Monrovia, CA
      • “We very much appreciated Mr. Polsky’s willingness to conduct a late evening session followed by a Sunday session. With his help, we got the case settled.”

        - David Hochner, Esq. Rutan & Tucker Costa Mesa, CA
      • “Very good result on a hard case. Excellent settlement abilities.”

        - W.O. Robinson, Esq. ArrowPoint Capital Los Angeles, CA
      • “As usual, excellent service!”

        - Randall Koenig, Esq. Koenig Jacobsen, LLP Irvine, CA
      • “Mr. Polsky was capable, professional and courteous.”

        - William Caplan, Esq. Costa Mesa, CA
      • “Mr. Polsky was the best mediator I have ever had experience with in this area.”

        - Ben Schuck, Esq. Santa Paula, CA
      • “Mr. Polsky is one of the best mediators I have worked with in my 20 years of practice.”

        - David S. White, Esq. Los Angeles, CA
      • “The arbitrator was one of the best I have ever utilized.”

        - Ken Steelman, Esq. Irvine, CA
      • “Mr. Polsky is very effective.”

        - Madelyn Enright, Esq. Murtaugh Meyer Nelson & Treglia LLP Irvine, CA
      • “Alex is an outstanding mediator. Most sitting judges could learn a thing or two from him.”

        - Jeffrey C. Metzger Laguna Hills, CA
      • “Mr. Polsky presents a welcomed approach to arbitration. In addition to hearing and reviewing all briefs, evidence and argument needed for determination on the issues, he worked with the parties in an effort to produce a settlement.”

        - Unsigned letter from attorney
      • “Mr. Polsky graciously rescheduled the mediation at no cost to accommodate an emergency and then worked hard to produce a settlement.”

        - Todd Croutch, Esq. Fonda & Fraser LLP Glendale, CA
      • “Mr. Polsky was fair, professional and courteous.”

        - Adam Siegler, Esq. Greenberg Traurig Santa Monica, CA
      • “I was especially pleased with the way Mr. Polsky communicated with my clients and explained issues to them. He is a good teacher.”

        - (Ref: Complex business mediation) Mark Fredrick, Esq. Santa Ana, CA
      • “Alex did a great job most importantly explaining the insurance issues and listening to the client’s personal trauma.”

        - Colin Barr, Esq. Orbach & Huff LLP Los Angeles, CA
      • “Alex is one of the most effective mediators with whom I have ever dealt.”

        - Carol Burney Lewis Meserve, Mumper & Hughes LLP Los Angeles, CA
      • “You will always be indelibly etched in my mind for your sensitivity and all you have done to help me end this horrible experience.”

        - Plaintiff following settlement of employment dispute
      • “We wish to express our sincere appreciation for your efforts in successfully mediating the matter last week. We applaud your uncommon perseverance during a most difficult session.”

        - K. Stephen Powers Chattanooga, TN
      • “Thank you again for all of your assistance in helping us to resolve the xxx case. Your experience and patience in mediating the matter, when the parties were essentially polarized following our initial failed mediation before another mediator, helped both sides avoid a lengthy and expensive trial.”

        - (Ref: Serious injury mediation) Kara Pape, Esq. Schaffer, Lax, McNaughton & Chen Los Angeles, CA
      • “Mr. Polsky was an excellent mediator. The session was effective with sensitivity to personal issues.”

        - (Ref. Employment mediation) Rachelle Singer, Esq. Smith, Silbar, Parker & Woffinden, LLP Irvine, CA
      • “In the face of adversity, you did not give up, stayed true to your client (a fair settlement) and came up with a creative solution. Thanks!”

        - (Ref: Complex construction defect special master and mediation) Kenneth Kasdan, Esq. Kasdan Simonds Weber & Vaughan LLP Irvine, CA
      • “Thank you for your persistence in helping us reach a successful resolution of this matter. Once settlement was achieved with a majority of the (parties) the court put us in an awkward position where we were forced to consider re-negotiating (past) settlements. You were an oak, and stood firm. Again ou succeeded where your predecessor failed, and this is another testament to your superior skills.”

        - (Ref: Complex construction defect special master and mediation) Doug Stewart Farmer’s Insurance
      • “My family and I appreciate the expediency in which you handled the case. We wish you a healthy, happy and prosperous future.”

        - (Ref. Products liability mediation) B. J. Hagen Houston, TX
      • “Mr. Polsky is a mediator of the highest competence, and his outstanding professionalism in conducting mediations is a credit to JAMS and to the legal profession.”

        - Jon Kodani, Esq. Santa Monica, CA
      • “While it may seem like arbitration and mediation are old news, Alexander Polsky and Deborah David, of JAMS in Los Angeles, presented updated information and new techniques to help claim professionals become more successful in this area of the industry.”

        - Insurance Weekly magazine commenting on a program delivered at the CA Combined Claims Conference
      • “You have done in one day what 4 other mediators were unable to accomplish in over 25 sessions. The court is indebted to you for your efforts and creativity.”

        - Honorable Joan Ettinger, Riverside County Superior Court, upon learning that the major component of a case with over 30 parties and a two year time estimate had been resolved in one specially designed mediation
      • “On behalf of my client and myself I would like the thank you for your service as a mediator in the above referenced matter. You may wish to know that, in each of the three occasions where you served as mediator on a case wherein I served as counsel for one of the parties, you settled the case. This includes the case where you were taken to the hospital. Your professionalism and expertise are greatly appreciated.”

        - (Ref: Serious injury mediation) Earl R. Wallace, Esq. Ruzicka & Wallace, LLP Irvine, CA
      • “It was purely because of your excellent professional help that the case was settled.”

        - (Ref: International business partnership dispute and trade infringement claim) Rachel Moorhead London, U.K.
      • “Thank you for your hard work. It was a pleasure to finally get to work with you. Your name has been ‘bandied’ about on our employment lawyer listserve as people post inquiries and you always received great reviews. My client felt very comfortable with you and commented that you had a nice, calming style; he also appreciated your honest feedback and felt he could trust you. Those are the types of qualities, along with your legal experience to back you up, which help to make you a great mediator.”

        - (Ref: Complex employment mediation) Michelle Reinglass, Esq. Orange County, CA
      • “Thank you for your efforts in resolving the above-entitled case. Quite frankly, I did not feel that this action would settle without your assistance. Again, thank you for your professionalism.”

        - Joseph A. Shuff, III, Esq. Shuff Law Firm Santa Ana, CA
      • “I was extraordinarily pleased with Mr. Polsky’s analysis, effort and perseverance toward attempting to resolve the above referenced matter. Further, his suggestion to meet at lunch with defense counsel was innovative and assisting in developing a rapport, which made final discovery easier as well as eventual settlement.”

        - (Ref: Complex business mediation) Jonathan Weber Los Angeles, CA
      • “Please forgive the delay in writing you this much-deserved ‘thank you’ for the outstanding job you did on this Mediation. … Had you not persuaded the defendants to disclose the 11th hour adverse testimony on the Fire Captain, it would most likely have been a disaster for us at trial. Again, our sincere thank you for a job well done.”

        - (Ref: Severe Burn case) John C. Adams III Hunt & Adams Santa Ana, CA
      • “I've been doing this for more than 20 years and I have never seen a mediator take such a personal interest in a case as you have in this one.Mike King has said you're the best.He is right.Thanks for your help.”

        - (Ref: Habitability class action mediation) Grant Riley Riley & Associates Los Angeles, CA
      • “I look forward to your involvement in the matter and welcome the proactive manner you use in undertaking pre-mediation telephone discussions.”

        - (Ref. Employment mediation) Jeffrey Gordon Los Angeles, CA
      • “Thank you for all your hard work and extra time. It’s refreshing to know that some mediators put in extra time to get a deal done without looking at the ‘clock.’ Kudos to you and your entire staff… ”

        - Reza Mirroknian Esq. Los Angeles, CA
      • “Thank you, Alex: This was one of the most difficult cases on every level that I have had in many years. I thought your work was excellent. I appreciate(d) your constructive comments.”

        - Howard Kornberg, Esq. Los Angeles, CA
      • “What they say about you is true—you get results!”

        - Sean McGee, Esq. Irvine, CA
      • “Thank you for all your assistance in this case. It was one of the more challenging cases I have dealt with, which I consider right in ‘the Polsky zone.’ Meaning, when people tell me they have complex cases, or cases with many moving parts, you are always my first recommendation. Thank you.”

        - Matthew McNicholas, Esq. McNicholas & McNicholas LLP Los Angeles, CA
      • “Your style and realistic approach made the day relatively enjoyable despite difficult dynamics. While it's distasteful to pay anything under the circumstances, and it would have been a fun trial, you are right that from an economic perspective the settlement was the right thing to do. We'll talk again soon. Regards.”

        - Vincent J. Davitt, Esq. Murphy Rosen & Meylan LLP Santa Monica, CA
      • “You did a fantastic job with this (difficult) case.”

        - Victoria Ersoff Wood Smith Henning & Berman LLP Los Angeles, CA
      • “Alex, you did a great job, you are a terrific study!”

        - Richard Bridgford, Esq. Bridgford & Gleason Aliso Viejo, CA
      • “…you were masterful. I look forward to using your skills in the future.”

        - Steven Maslauski, Esq. Kirtland & Packard LLP El Segundo, CA
      • “Thank you so much for your professional and outstanding assistance!”

        - M. Kelly Tillery, Esq. Pepper Hamilton LLP Philadelphia, PA
      • “As always, you managed to make things come together with a good result for all parties. Your considerable talent and personality makes it a pleasure working with you. I enjoyed our off case conversations and look forward to the next mediation….You are one of the hardest working guys I know. I wish you would slow down just a bit. Not so much you don't have time for our mediations, though.”

        - Charles Arnold Arnold & Arnold Marine Loss Adjusters
      • Thank you for staying late and helping bridge a wide cultural cap and some strong personalities to help us settle this difficult case! I don't think many mediators would have pulled it off.

        - Los Angeles attorney

    News

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    This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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