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KIM DECK, ESQ.

  • Based in Los Angeles, available in All of California
  • Available for Mediation only

Introduction

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

Experience Summary

Below is a sampling of the various matters Kim Deck, Esq. handled as a practicing attorney or neutral.

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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

http://www.ondeckmediation.com

Testimonials

"Used time wisely, he did not waste time."
- Attorney on a Business/Contractual Case

"Kim as always was an exceptional mediator."
- Attorney on an Employment Wage Hour Class Action Case

"Kim did a good job getting to know my client, making her feel at ease in a situation that was emotionally very stressful for client. She also got us to a figure that made sense for client quite efficiently."
- Attorney on an Employment Sexual Harassment 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

"Ms. Deck bridged the gap of demand and offer, and listened to all parties’ concerns."
- Attorney on an Employment ADA Case

"She made our client feel comfortable in being open and candid. Her desire to resolve the matter seemed open and sincere."
- Attorney on a Real Property Fraud/Misrepresentation Case

"Kim Deck was straightforward, honest, and spot-on, as to her perception of the case. Kim was always professional and without a doubt, the reason this case reached a settlement. Kim thinks outside of the box, as to proposed settlement terms and conditions, then adjust such terms and conditions to fit each case. Kim allotted the time for the parties and their counsel to present case information as to their position, which enabled the litigates to express their feelings and feel heard. In the end, Kim was able to bring the parties together, which resulted in a case settlement."
- Senior Attorney on a Personal Injury Sexual Assault Case

"Absolutely wonderful experience. Was not sure we were going to get this done, given the other party's position, so it was a pleasant surprise."
- Attorney on an Employment Wage & Hour Case

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Experience Summary

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).

Legal Experience

  • All Types of Employment Related Matters
  • Business/Contractual
  • Entertainment
  • Personal Injury

Representative Case Information

Recent Representative Cases

Business/Commercial

Contractual

  • Dispute between family members over right to control family business involving allegations of breach of fiduciary duty and unfair competition issues

Cannabis

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.

Employment

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

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.

Real Estate

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

Tort

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.