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Mediation Services – Banner

Finding the

Middle
Ground

Mediation Services – Intro

Resolving workplace litigation

In addition to resolving cases as an advocate on behalf of his clients, founding partner Brandon McKelvey mediates California wage and hour class and PAGA actions and other workplace disputes.

Brandon sees mediation from all angles

  • Participation in hundreds of cases as both a plaintiff and defense attorney
  • Personal understanding of what it means to own a California business
  • A collection of tools and strategies accumulated on both sides of the bar
  • 20 years of hiring mediators and knowing what creates a good or bad experience

This unique blend of perspectives enables Brandon to offer an objective and unbiased approach to mediation. He empathizes without favoring anyone. He is also 100% committed to removing every area of unnecessary friction for his mediation clients.

Here are a few of the differences you’ll notice when working with Brandon McKelvey…

  • Fast, easy booking for painless scheduling
  • Welcoming and easy onboarding/mediation preparation
  • Creative use of technology and data tools that facilitate mediation
  • Deep listening and collaboration vs. number shuffling
  • Creative settlements structured to satisfy all parties’ goals
  • Relentless follow up to reach a mutual resolution

Mediation Services – Booking

Every Mediation Fights Trafficking

In addition to resolving cases, McKelvey Resolution’s mission is to fight human trafficking. That is why 10% of the proceeds of every mediation go to supporting this fight. We fight in three ways:

  1. Through financial support
  2. By raising awareness
  3. By providing pro bono legal services
See How We Fight Trafficking

Booking
made easy

Mediation Services – Financial Difficulties CTA

For information about our streamlined process to assist lawyers who are dealing with defendants facing financial challenges amid mediation, please visit Dealing with Financial Difficulties at Mediation

Mediation Services – Calendar

Full Day Mediation Availability

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For full-day mediation rates and availability, please click below:

Full-Day Inquiry

For multi-day mediation rates and availability, please click below:

Multi-Day Inquiry
  • Mediation Date Hold Policy: Dates will be held until the end of the following business day and then will be available to others after that. If there are several inquiries on the same date, the first to confirm the date will reserve the date. Please note that a date is not fully secured until we receive payment. Payments are due two weeks after receiving the confirmation letter and invoice.
  • Cancellation Policy The mediation fee is fully refundable if the mediation is canceled or rescheduled at least five (5) weeks prior to the date of the scheduled mediation. If the mediation is canceled or rescheduled less than five weeks before the mediation date, the fee will not be refunded unless we are able to schedule another mediation on that date. In the event that the parties do not appear for the scheduled mediation, and they have not canceled in accordance with the above-stated policy, the parties will be expected to pay the entire mediation fee. In the event that a mediation is booked within five weeks of the mediation date, the fees will be nonrefundable and due immediately upon receipt of the confirmation.
  • Payment Deadline: Mediation fees must be received in full two (2) weeks from the date of the confirmation email or within a month of the mediation, whichever is sooner. If mediation fees are not received by the Payment Deadline, the date will be released.
  • Due Date for Mediation Briefs: A week before mediation is a good target date, but we are flexible. If the parties have a date they want to agree on that is at least 3 days before mediation, let us know. And we strongly encourage exchanging briefs.
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Mediation Services – Meet Brandon

Meet
Brandon

Your Ideal Mediator

Mediation Services – Meet Brandon Copy

“I welcome the challenging and complicated cases. Almost any matter can be resolved through mediation if it is approached with the right attitude, commitment, and expertise. I strongly believe in the ability of opposing parties to come together at the mediation table and arrive at a solution.”

Areas of Expertise

  • Wage and Hour Class Actions
  • Private Attorneys General Act (PAGA)
  • Wrongful Termination
  • Workplace Harassment
  • Employee Discrimination
  • Complex Business Disputes

Founding Partner and CEO of Medina McKelvey LLP / Co-Founder of California Compliance Solutions LLC

  • 20+ years in employment law with a heavy focus on wage and hour litigation
  • Represented plaintiffs & defendants in over 500 cases
  • Successful on both sides of litigation in multiple 7 and 8-figure class action & PAGA cases
  • Collaborative approach, settling over 90% of cases without formal discovery or motion practice
  • Entrepreneur and owner of two California businesses

Education

J.D., University of California, Davis (2001)

  • Executive Director of the U.C. Davis Law Review
    B.A., Wayne State University (1998)
    English Honors and American Study
Review Full CV Here
Read Brandon’s Article

Mediation Article – Testimonials

What People Are Saying

Brandon is a skilled mediator with extensive knowledge about recent PAGA and class action litigation trends. He came to our mediation more prepared than I had seen other mediators, having truly briefed himself on the facts of our particular case. Despite some complications, he did not let the parties give up even when the case failed to settle at mediation and ultimately got the matter resolved weeks later. We will definitely use McKelvey Resolution again.

I’ve had the pleasure of using Brandon as a mediator in several wage and hour class/PAGA actions. He was prepared and did a great job of connecting with and communicating with strong client personalities. He stood out with respect to his understanding of our clients’ businesses and being able to communicate effectively with business owners. He worked hard and stuck with it in the face of challenges until we got a deal done. I like his approach, clarity, and creativity when it comes to negotiation. My firm and I will continue to use Brandon as a mediator.

I recently had a second mediation with Brandon McKelvey. Many of you know him as a defense attorney but he is moving away from his litigation practice. He successfully settled a tough independent contractor misclassification case close to seven figures. He is in the Sacramento area. He has trained under Tripper Ortman. I would suggest if you have a local mediation and don’t want to wait five months, he is available this month and next. Give him a shot!

Brandon has outstanding knowledge of employment law, is well prepared and has the ability to connect with and build trust with both sides. He will let you know the strengths and weaknesses of your case and he will stick with it until there is a deal. I would not hesitate to mediate with Brandon.

We chose Brandon as our mediator in a PAGA case where there were financial challenges with the employer. Brandon’s experience running his own businesses and his understanding of financials helped to quickly establish a connection with my clients and engendered their trust in him. His clear communications and empathy were essential in resolving our matter.

Brandon is a Godsend mediator. Not only is he well-versed and up-to-date on case law and procedure, he was also extremely thorough, patient, and compassionate with my client. My client was a long-term decade-long employee who had a lot of emotion going into mediation. Brandon was able to communicate effectively all the strengths and weaknesses of our case while assiduously working towards a reasonable resolution. He was able to bring a peaceful end to a difficult and complex case. I look forward to using him again.

Brandon helped us resolve an emotionally charged individual lawsuit against a business under financial distress. It meant a great deal to the president/CEO that Brandon understood the challenging position my client was in as a small business owner navigating a difficult financial environment. Brandon was patient with him and let him explain the history and heartaches behind the business. As a result, he felt understood and heard and was able to make a smart, but tough, business decision. It was a real pleasure working with Brandon as a mediator, and I very much look forward to working with him on other matters in the future.

I’ve had the pleasure of mediating with Brandon on both wage and hour class/PAGA cases and single-plaintiff cases. I love the drive that Brandon brings to mediation. He is very persuasive in the defense room and does a great job of communicating with business owners and executives. He delivers everything the decision makers need to hear without ever being pushy or offensive. I also love the creativity he’s bringing to the table with negotiation tools and strategies that are outside of the normal routine of most mediators. My mediator rankings have been thrown for a loop and Brandon is quickly moving up the list.

Brandon did great work on a PAGA-only case. The case was challenging because it was the client’s second PAGA lawsuit after a previous settlement. Brandon helped navigate the business owner to a good place where he could make a sound business decision. I appreciate the way Brandon handled things and how well he worked with my client to help him through this process.

Mediation Services – What to Expect

What to Expect with Brandon McKelvey

You can count on a warm welcome with clear communication about what to expect and any prerequisites for the upcoming mediation session. Brandon is highly responsive to your questions and wants you to feel well-prepared and confident.

We hate wasted time on Zoom and fumbling around with technology. We’ve streamlined the process of virtual meetings. This means you spend less idle time on camera, and we fully utilize the technology by sharing visuals and tools on screen that facilitate resolution.

Our job doesn’t end when the mediation is done. We measure outcomes based on reaching a settlement and how the parties felt about the experience. If settlement doesn’t happen the day of mediation, we keep following up to achieve successful closure.

Finishing mediation means breathing a big sigh of relief. It’s a challenging process, and we honor the effort it takes for our clients to secure a resolution. We make a point of recognizing all the parties involved after a mediation is concluded. Expect to hear from us as we find a unique way to show our respect and appreciation for your hard work.

What to Know About Brandon McKelvey

Although a few mediators out there have both plaintiff-side and defense-side experience, it is hard to find a mediator who has been a plaintiffs’ lawyer, a partner at an international defense firm, and who has owned multiple businesses. This experience allows me to understand and empathize with every mediation participant.

Although most people know me as a defense attorney currently, many don’t know that I was a plaintiff-side attorney for seven years. I’ve litigated six, seven, and eight figure employment cases on both sides of the bar, and I’ve been in both rooms with the best mediators in the country.

While many mediators are passionate about the law, the best mediators have a thorough understanding of business. Starting two businesses and serving in the capacity as a founder/CEO has helped me understand the business-side of mediation and effectively communicate with business owners, which often includes plaintiffs’ lawyers.

Having participated in hundreds of mediations on both sides of the bar, I’m shocked at how many mediators disregard basic emotional intelligence. If you are tired of mediators who don’t listen, connect with your clients, don’t give compliments, just shuffle numbers, and who overall have a terrible bedside manner, then you will enjoy mediating with me.

Are you frustrated with mediations that wander ineffectively into the afternoon only to derail and then rely on a post-5pm Hail Mary? My mediations have a timeline, structure, and cadence that is designed to give the parties a better chance at resolution. Mediation can be efficient and effective.

Mediation Services – CTA

Have questions about Brandon’s mediation process or how he can assist you?

Contact Brandon directly for a fast and accurate response.