Katherine J. Edwards, Esq.

Biography

Katherine J. Edwards has spent her legal career specializing in negotiating, litigating and mediating employment law related disputes. She currently works exclusively as a neutral, where she continues her devotion to addressing and resolving workplace conflict as a private mediator and as an independent investigator. Ms. Edwards' experience in evaluating and resolving workplace disputes extends to religious and non-profit organizations, private industry and the public sector, including community colleges, universities (public and private), school districts, police and fire departments, cities, counties and other governmental and quasi-governmental entities throughout California.

Ms. Edwards has served as an expert witness and consults with counsel on workplace investigations. She has been an author and speaker for a multitude of organizations, including the American Bar Association, CEB, California Employment Attorneys Association, Southern California Mediation Association, Beverly Hills Bar Association, Los Angeles County Bar Association, the Los Angeles City Attorney’s Office, and local law firms.

Prior to becoming a full-time neutral in 2000, Ms. Edwards was an Associate Attorney at Allred, Maroko, Goldberg & Ribakoff in Los Angeles and Anticouni & Anticouni in Santa Barbara. She was a Partner at Masters & Ribakoff in Santa Monica while transitioning to her neutral practice.

Ms. Edwards earned a B.A. degree in Sociology at the University of Washington in Seattle in 1983, and her J.D. at the Pepperdine University School of Law, Malibu, graduating cum laude in 1989.

Primary Areas of Focus

REPRESENTATIVE CASES:

• Discrimination, Harassment and Retaliation
• Public Policy and Whistleblower Claims
• Defamation
• Contract Disputes
• Wrongful Termination
• Unfair Competition and Trade Secrets
• Wage & Hour

Fees

Contact PMA for Ms. Edwards' fee information

AGREEMENT TO MEDIATE

The undersigned agree to participate in a mediation conducted by Katherine Edwards (“the mediator”) in an attempt to reach a settlement of their existing dispute and further understand and agree as follows:

1. Good Faith Mediation: We will mediate in good faith in an attempt to resolve the existing controversy without any obligation to reach resolution or any specific settlement terms. We will communicate concerns about the process to the mediator if any arise and we will participate in a discussion about concluding the mediation prior to settlement, if necessary. Participation in the mediation does not guarantee that a settlement will be reached.

2. Voluntary Agreement: We understand that mediation is a consensual and voluntary process; the mediator has no authority to make a binding decisions or rulings. We further understand that any decision made by us to enter into a settlement agreement is voluntary.

3. Attorney Consultation: We have the right to be represented by attorneys of our choice before and during the mediation process and understand that we are specifically encouraged to have our attorneys review any document prior to its execution. Although the mediator may assist in drafting a settlement agreement or deal points memorandum, we understand that the mediator is acting in a neutral capacity and that she is not serving as an advocate, representative or fiduciary for any party or person. Nothing said by the mediator should be considered legal advice, and the mediator is not liable for the outcome of the mediation or the terms of the settlement agreement.

4. Confidentiality: It is understood and agreed that California Evidence Code §§ 1119 et seq. and Federal Rule of Evidence § 408 apply to this mediation in order to promote communication and facilitate settlement of the dispute. All statements made during the course of the mediation are confidential, privileged settlement discussions, made without prejudice to any party’s legal position, and inadmissible for any purpose in any subsequent legal or administrative proceeding. This agreement of confidentiality extends to all information disclosed during the course of the mediation, including all statements made by the mediator, each party, their representatives and witnesses.

Notwithstanding the above, the fact that the mediation took place, the time and dates of the sessions, the identities of the participants, and the fact that a final settlement agreement was, or was not reached, is generally not confidential. Moreover, if this matter is not resolved, nothing in this agreement precludes the use of knowledge gained during the mediation to conduct discovery and otherwise prepare and assemble the facts necessary for presenting the parties’ cases going forward.

The parties agree not to seek, or permit another to seek on their behalf, to compel the mediator to disclose any information in any legal or administrative proceeding or to waive the mediation privilege. It is specifically agreed that the mediator is not competent to testify as set forth in Evidence Code § 703.5.

All disclosure made during the course of this mediation are conditioned upon these promises and our agreement of confidentiality. It is therefore also specifically agreed that breaching this agreement will cause irreparable injury and that monetary damages will be an inadequate remedy for such breach. Accordingly, any party to this agreement may obtain an injunction to prevent disclosure of confidential information in violation of this agreement. The breaching party shall be liable for and shall indemnify the other parties to this agreement and the mediator for all reasonable costs, expenses, and fees, including reasonable attorney’s fees that may be incurred as a result.

Notwithstanding Evidence Code § 1125(a)(5), which states that the mediation ends ten (10) calendar days after the last communication between the mediator and any of the parties relating to the dispute, we specifically agree that the mediation (and hence the mediation privilege) shall continue indefinitely unless and until settlement is achieved.

We also specifically agree that written and signed settlement documents, including a formal settlement agreement, a deal points memorandum, or a mediator’s proposal, are enforceable, binding and admissible in a court of law pursuant to Evidence Code Section 1123 (b). If applicable, the court shall retain jurisdiction until all the terms of the settlement agreement have been carried out, pursuant to Code of Civil Procedure Section 664.6.

5. Mediator’s Fees: We agree to pay the mediator her rate at the time of the mediation in accordance with the mediation invoice. Unless modified by agreement of the parties, each party shall bear his/her/its pro rata share of the applicable fees. The parties and their counsel acknowledge that they are jointly and severally liable for all the mediation fees, notwithstanding any agreement among the parties.

6. Release and Indemnification: We agree to release the mediator from any and all claims arising from a failure to achieve settlement, from our decision to enter into a settlement agreement of our underlying dispute, or from an agreement regarding any other aspect of the mediation process. If any party attempts to, or does bring such aclaim, that party agrees to indemnify the mediator from any loss or damage, including reasonable costs and attorney fees incurred in connection with such claim.

7. Miscellaneous: No subpoenas, summons, complaints, or other service of process, nor any notice of termination, layoff, or other employment decision may be effectuated at or near the mediation site, without the party’s consent and the mediator’s prior approval.