Stephen P. Sonnenberg, Esq., JAMS Mediator and Arbitrator

Biography

General Biography

Stephen P. Sonnenberg, Esq. has deep experience in understanding and resolving complex labor and employment disputes. Mr. Sonnenberg’s unique background, which allows him to understand both plaintiff and defendant concerns, comes from the practice of law, experience as a mediator, and prior experience as a psychotherapist. He is also a member of the JAMS Title IX panel. Mr. Sonnenberg is known for his attention to detail, thoughtful approach to emotion-laden disputes, and demeanor conducive to settlement. He has resolved numerous labor and employment disputes, including ones on both the east coast and in California.

Mr. Sonnenberg has mediated numerous Fair Labor Standards Act (FLSA) and state law wage and hour collective and class actions involving employees and companies in the retail, hospitality, technology, health care and transportation industries, among others. These actions have involved state-specific, multi-state and nationwide claims. When mediating a putative or certified collective or class action Mr. Sonnenberg draws upon not only his prior experience mediating complex class claims but his earlier practice litigating wage and hour matters in both California and New York.

Mr. Sonnenberg practiced labor and employment law at the highest levels for 25 years at Paul Hastings, a prominent AMLAW 100 firm, and achieved a prestigious ranking from Chambers USA, within the Labor & Employment band. Leadership roles at the firm included a term as Chair of the New York Employment Law Practice (2014-2017), Vice Chair of the Employment Law Department (International) (2003-2014) and Co-Chair of the Employment Law Department’s national wage and hour law practice (2005-2014). Resident for an equal amount of time in the firm’s Los Angeles and New York offices, Mr. Sonnenberg represented and advised clients in a wide range of employment disputes, including retaliation, wrongful discharge, restrictive covenant, discrimination and harassment lawsuits, as well as wage and hour class and collective actions. He has resolved numerous labor and employment disputes on both the East Coast and in California. Mr. Sonnenberg has also overseen and conducted privileged internal investigations in response to complaints of misconduct.

Before practicing law, Mr. Sonnenberg devoted himself to a 15-year career as a clinical social worker in Michigan and California. Mr. Sonnenberg worked in diverse psychiatric settings and community organizations, assisting individuals with a wide range of emotional, vocational and financial challenges, including facilitating the resolution of disputes with family members, employers and other third parties. Settings included psychiatric hospitals, a community mental health center, and the private practice of psychotherapy working with individuals, couples and families.

Mr. Sonnenberg has mediated numerous matters not only at JAMS but as a member of the Mediation Panels of the U.S. District Court, Southern and Eastern Districts of New York. He has taught employment law to members of the federal judiciary through the Federal Judicial Center, has provided employment law training and advice in a variety of settings, and is an adjunct faculty member at Cardozo Law School.

ADR Experience and Qualifications

Mr. Sonnenberg has mediated the following matters, among others:

Representative Matters

Mr. Sonnenberg has acquired and displayed significant expertise in a wide-range of Labor & Employment law matters, including:

Honors, Memberships, and Professional Activities

Activities

Fellow, College of Labor and Employment Lawyers, 2013 - present
Licensed Clinical Social Worker (California; inactive status)
Member, Mediation Panels of the Southern and Eastern Districts of New York
Member, Mediation Panel of the Supreme Court of New York, Commercial Division
Member, New York University Center for Labor and Employment Law Advisory Board, 2014 - present
Member, New York City Bar Association Labor and Employment Law Committee
The Best Lawyers in America, 2006-2022
Ranked in Chambers USA, New York, Labor & Employment, Band 3
Rated “AV Preeminent” by Martindale-Hubbell®
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS

Publications

JDSupra.com, The Surge in Workplace Disputes Under Disability Discrimination Laws: Good News or Bad News? (October 15, 2021)
JAMS ADR Insights, Mediating Emotional Employment Law Disputes During COVID-19 (August 10, 2021)
The American Lawyer, Psychological Issues in the Workplace (November 1, 2020)
Survey of Selected Mental Distress Awards Within the Second Circuit, Practising Law Institute, Litigation and Administrative Practice Series, Number H-1093 (April 2018)
The New York Law Journal, Mediating Highly Emotional Workplace Disputes (March 19, 2018)
Cutting-Edge Employment Law Issues 2016: The California Difference, Practising Law Institute, What Makes Lawyers Tick? Competence Issues for California Employment Lawyers
The New York Law Journal, Mental Stability at Work: An Assessment (June 12, 2015)
The New York Law Journal, Representative Evidence in Wage and Hour Class Litigation (October 24, 2014)
The New York Law Journal, Workplace Violence; Employee Rights, Employer Recourse (October 21, 2013)
Managing Wage & Hour Risks 2011, Practising Law Institute, Class Certification and Related Discovery and Investigations
The New York Law Journal, Reasonable Accommodation, Undue Hardship: a Delicate Balance (December 8, 2011)
The New York Law Journal, Litigating Multi-District Employment Actions After ‘Dukes’ (November 14, 2011)
The New York Law Journal, Post-Traumatic Stress Disorder (March 29, 2010)
Los Angeles Daily Journal, Employee Genetic Information, Now Protected (November 2009)
The New York Law Journal, Wage and Hour Actions Continue to Surge (February 17, 2009)
The New York Law Journal, Settling High Stakes Wage, Hour Litigation Via CAFA (April 11, 2007)

Presentations

Background and Education

Paul Hastings, LLP, 1993-2017
Clinical Social Worker (psychotherapist), Ann Arbor, MI; Los Angeles, CA, 1977-1992
Bar Admissions, New York, District of Columbia, California
J.D., University of Southern California, Gould School of Law, 1992
M.S.W., University of Michigan, 1977
B.A., Binghamton University, 1974

Counsel Comments

"Stephen is a highly-skilled and indefatigable neutral who is unfailingly prepared and facile on an array of topics. Stephen is as fine a Mediator as we have ever used and his ethics and analysis are absolutely first-rate."
"I’ve been practicing law for 30 years and have been involved in over a hundred mediations. Stephen is one of the most talented and effective mediators I’ve encountered. He is extremely smart, perceptive, creative and persistent. Although scrupulously neutral and fair, he manages to genuinely connect with all parties and counsel to facilitate the kind of communication and exchange necessary for dispute resolution."
"Stephen Sonnenberg is a phenomenal mediator. Whether it is a discrimination, wage & hour, leave, or other employment law issue, Steve is the mediator who is always at the top of my list. His demeanor, intelligence, legal acumen, and practicality creates trust among the parties allowing them to reach creative solutions to resolve difficult cases. He has the experience to deal with high-level executives and the empathy to handle emotional plaintiffs. He is easy with which to work whether it be a single plaintiff case or a class action. In my opinion, when there is an employment law dispute, the mediator you want is Steve Sonnenberg."
"Stephen has mediated a number of wage and hour class actions at the request of our firm. Recently, he skillfully resolved a large class action resulting in a just and fair outcome. With notice of his involvement, the court took the rare step of forgoing a hearing and preliminarily approved the settlement on the motion papers. It is rare that a mediator possesses the combination of skills Stephen possesses. He is both patient and direct in dealing with the parties. He is a lucid and creative thinker. And, most importantly, he is able to evaluate the stakes intuitively and objectively. The former would be enough to pursue his services repeatedly, but the latter makes him uniquely qualified to handle the bigger disputes where the stakes are complicated and require a rare combination of insight and intelligence. I highly recommend him."
"My firm recently worked with Steve Sonnenberg to mediate a high-profile Section 1983 civil rights action brought by my client against a municipality. Steve was incredibly engaged in the process, and laser focused on helping the parties to resolve the case – which we did. He is an active mediator who is always looking for ways to move the process forward. He is creative, patient, analytical, kind, and tireless in his efforts, and brings the credibility of many decades as a litigator to the process. He is respectful of everyone's views and listens deeply, which is critical to his success in contentious disputes."
"Stephen was the perfect mediator for our FLSA class action case. His experience made him an authoritative and credible influence on counsel, and his style was understated but effective. I highly recommend him for employment disputes."
"I’ve had the pleasure of working with Stephen on numerous matters, all of which successfully resolved due to his experience, skill, preparation, and most importantly, the trust he engenders with counsel and clientele. Stephen is our go-to Mediator for the most difficult cases."
"Steve is truly one of the best mediators I have had the pleasure to work with. His patience and attention to detail are unmatched. As a former social worker, he is highly skilled in listening and showing compassion to the parties. Simultaneously, his experience as a litigator allows him to take a more firm approach with the participants when that is needed. I am proud to say that every case Steve has mediated for my clients have successfully reached a resolution."
"My recent experience with Mr. Sonnenberg, on a contentious employment discrimination matter, was my first mediation with him, and will not be the last. He was persistent and tireless in his efforts to bring the parties toward a middle ground, both during and after the mediation session, and our interactions were always pleasant and respectful of my client’s position and view of the case. We ultimately reached a settlement that was, of course, equally painful to both parties. But it came to fruition, months after the mediation session, in no small part due to Steve’s indefatigable work."
"I am extremely impressed by your mediation skills. You advocated for a solution with sensitivity and demonstrated tremendous patience as well as expertise with the subject matter. You established trust immediately, which was instrumental in achieving consensus on settlement terms."
"Steve Sonnenberg has all the core qualities I look for in a mediator, including legal acumen, diligence and creative problem solving skills. What sets Steve apart is his unique ability to connect with people across a wide spectrum and understand their unique experiences, an ability he no doubt honed during his prior life as a psychotherapist. This helps Steve gain the trust and confidence of parties holding widely different perspectives and agendas, and in my experience, allows him to be particularly effective in the context of divisive and difficult-to-resolve cases."
"Stephen was a pleasure to work with. He had a thorough understanding of the legal issues at hand, and he worked tirelessly and delicately to achieve a settlement in an extremely difficult multi-party negotiation. I have since recommended him strongly to adversaries in my own cases and to other attorneys seeking mediator recommendations."
"Stephen has mediated several employment discrimination and wage and hour matters for clients of mine. In each case he has shown great insight into the issues, the laws, and the personalities involved and has leveraged that insight to assist the parties in achieving a resolution. I recommend him without reservation."
"Mr. Sonnenberg is a fantastic mediator. The parties mutually agreed to Mr. Sonnenberg because both sides believed he had the background and professional experience necessary to handle a difficult single plaintiff employment matter. Mr. Sonnenberg immediately recognized the need to establish a personal connection with my client (the employee) at the outset of the mediation. Mr. Sonnenberg's active listening paid large dividends throughout the day. Mr. Sonnenberg assisted the parties in reaching a fair resolution within a one-day session. My client walked away from the mediation feeling she was listened to, the process was beneficial and the resolution was fair. I will be using Mr. Sonnenberg for future meditations."
"In working with Steve I found him to be persistent and conscientious. He was knowledgeable regarding the subject matter and pushed the parties hard to reach a resolution. Throughout the mediation he seemed to connect with my clients and to gain credibility throughout the entire process, which I believe was what allowed us to resolve the case."
"Reiterated thanks for your stellar work in getting this done. We are extremely pleased to have this distraction behind us, albeit one is never completely happy to agree to pay out on a claim which many thought we could successfully defend. Two weeks from now, as the memories recede from view in the rear view mirror, we will all be confident that this was the right and sensible decision and that our clients can return to the pursuit of positive and productive matters rather than concentrating on how best to defend against these questionable yet complex claims. You are cool as a cucumber and the consummate professional. I have already passed on to our colleagues why they should all have you at the head of their lists for mediated matters in the future."
"Steve worked with our office tirelessly to resolve a complicated employment matter. He was able to convince both sides to come to an agreement which was acceptable to the parties. Will gladly use Steve again in the future."
"Our firm represented the claimant in a high profile and sensitive employment claim. Mr. Sonnenberg came to the session very well prepared and devoted substantial time to achieving a settlement. In the process he was able to bridge a very wide gap of positions, perceptions and expectations, and he did so with both deft and sensitivity. The goal of bringing your client to a mediation is to settle the case, but also to have your client come away with an overall positive feeling for both the process and the result. That was very true here (and I would be surprised if the other side had any different feeling). Thus, we would commend Steve for anyone with such a claim."
"Stephen Sonnenberg is an intelligent and respectful mediator. He was able to settle wage and hour law cases that I thought were not possible. I would highly recommend him to anyone looking for a mediator."
"As a law firm representing plaintiffs in discrimination and personal injury cases, we have used Steve for mediations and found him to have a polite and professional demeanor towards everyone. Steve’s background as a social worker is incredibly helpful in communicating with all the parties in the case. His main focus is to get matters resolved. Steve encourages parties to continue negotiating. He does not let either side give up. Even though he has years of experience representing management and employers, he is 100% neutral when it comes to mediating a case. He has a fantastic grasp of the legal and factual issues."
"Steve mediated a dispute where I represented an employee in the most disturbing sexual harassment case that I have encountered in my 40-year career. Despite challenges from the employer, the acknowledged harasser and the insurance carrier, Steve persisted. After three separate meetings and numerous conference calls over several weeks, Steve guided the parties to a successful resolution which I doubted could be achieved."

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Arbitration
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Employment Law
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General Biography

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Stephen P. Sonnenberg, Esq.

Case Manager

Biography

Counsel Comments

News

Events

Publications

Biography

General Biography

ADR Experience and Qualifications

Representative Matters

Honors, Memberships, and Professional Activities

Background and Education

Counsel Comments

News

Events

Practice Areas

Locations