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ABOUT BARRY APPELL
Barry Appell has 27 years of experience representing both employees and employers in employment litigation in trial and appellate courts, arbitrations, and administrative proceedings. Barry also has experience counseling employers for compliance with employment laws, conducting trainings and workplace investigations, and preparing handbooks.
Background: From 1994-2004, Barry represented employers exclusively in employment matters. In 2004, Barry left his employment defense practice at Silver & Freedman, LLP and formed Appell | Hilaire | Benardo LLP, and later, Appell Shapiro LLP, where he primarily represented employees, although Barry did continue to also represent employers as well. In 2021, Barry left his employment law practice to mediate full-time.
Barry’s substantial experience representing both employees and employers allows him to understand disputes from the unique perspectives of each side. Barry’s substantial knowledge of employment law issues, along with his straightforward approach, has resulted in Barry achieving a very high success rate in getting cases resolved.
Barry is proud to be on the neutral panel of Alternative Resolution Centers, LLC (ARC).
He is available for mediation throughout California, and through online dispute resolution by Zoom.
MEDIATION PRACTICE AREAS
Barry has substantial experience mediating employment law disputes including harassment and discrimination, failure to accommodate, retaliation, leave laws, wrongful termination, whistleblower, wage and hour, contracts, unfair competition, and privacy claims. Barry also has substantial experience mediating class actions and representative actions, such as PAGA. He is also experienced in mediating personal injury matters, and a variety of consumer claims.
Focus
Action
Results
APPROACH TO MEDIATIONS
Barry conducts extensive preparation for each mediation. He uses his substantial experience and knowledge of employment law to provide an evaluative approach to disputes. Barry stays on top of current developments in employment law so that he can provide a thoughtful and persuasive evaluation of disputes. He is also persistent and follows up in those instances where a dispute does not resolve on the day of mediation.
EDUCATION & TRAINING
- J.D., University of California, Hastings College of the law, 1994
- B.S., California State University Northridge, Business, 1991, cum laude
- Straus Institute for Dispute Resolution, Pepperdine University School of Law, Mediating the Litigated Case, 2015
- Mediator, Center for Conflict Resolution, 2016-2019
- Mediator, Small Claims, Los Angeles Superior Court, 2016-2019
- Mediator, Ventura County Superior Court, ADR Panel, 2018 to present
- Mediator, Mediation Center of Los Angeles, 2019 to present
ORGANIZATIONS & ACHIEVEMENTS
- Los Angeles County Bar Association, Employment Law Section
- San Fernando Valley Bar Association, Employment Law Section
- Beverly Hills Bar Association, Employment Law Section
- California Employment Lawyers Association
- Southern California Mediation Association
- Named to “Southern California Rising Stars” (2004) and “Southern California Super Lawyers” (2005- 2021, Super Lawyers, Thompson Reuters)
- Avvo Top-Rated Lawyer (2021)
MEDIATION PROCESS
Initiating a Mediation
A hearing date may be scheduled by contacting Alternative Resolution Centers, LLC (ARC) at 800-347-4512, or by e-mail at mail@arc4adr.com, or by contacting Barry’s office directly at 818-659-5292 or by e-mail at Barry@AppellMediation.com.
We request the following information:
- Case name and venue
- Lawyers and parties involved
- The parties’ agreement regarding division of the mediation fee
- Proposed mediation hearing dates
Who Should Attend the Mediation
Both parties must have someone present who are authorized to reach an agreement. We strongly recommend physical attendance by decision makers.
Prior to the Mediation
Briefs should be submitted at least five days prior to the mediation hearing.
There is no page limit and briefs should include:
- Facts
- Legal claims and basis therefore
- Procedural background
- Dispositive motion history, and pending dispositive motions
- Damages evaluations
- Expert/consultant reports
- Settlement demands/offers
After a hearing date has been set and briefs have been submitted, Barry may contact the lawyers prior to the mediation for a pre-hearing telephone conference to discuss issues relating to the mediation hearing.
Mediation Fee
Barry charges a flat rate for all cases, either for a full day or half-day. The mediation fee includes all preparation time, pre-hearing telephone conferences, unlimited time at the mediation hearing and follow up communications with counsel, if necessary. Follow up time of more than 5 hours is subject to additional fees on an hourly basis if the matter is resolved. For cases outside of Los Angeles, Orange and Ventura Counties, an additional fee will be charged which includes travel time and expenses.
Please call our office or email Barry@AppellMediation.com for rates.
When Fee is Due/Cancellations
If full payment is not received in advance of the mediation it may be subject to cancellation. The mediation fee is refundable if the engagement is canceled twenty-one (21) days or more before the scheduled mediation date. Fifty percent of the mediation fee shall be due if the mediation is canceled less than 21 days before the scheduled hearing, but at least 3 days before the hearing, unless the date is re-booked with a different mediation. The full mediation fee is subject to forfeiture if the engagement is canceled or postponed less than three (3) days before the mediation date, unless the date is re-booked with a different mediation.
CONTACT
Email: Barry@AppellMediation.com
Phone: (818) 659-5292
Fax: (818) 305-6294
13535 Ventura Blvd., Suite C #421
Sherman Oaks, CA 91423
MON-FRI: 9 am – 5 pm
SAT: 10 am – 2 pm
SUN: CLOSED
Email: Barry@AppellMediation.com
Phone: (818) 659-5292
13535 Ventura Blvd., Suite C #421
Sherman Oaks, CA 91423
MON-FRI: 9 am – 5 pm
SAT: 10 am – 2 pm
SUN: CLOSED
MESSAGE ME
TESTIMONIALS
"Barry, thank you very much for helping us resolve an unusually contentious wage and hour case one month before trial. Your solid understanding of the facts and applicable law, your personable manner, and your refusal to quit despite the parties’ respective positions rapidly hardening as the session stretched into the evening, made all the difference. I will enthusiastically recommend your services to others."
Ventura County Attorney
"Barry, this case was thought impossible to settle by the parties due to significant emotional baggage and history, varied personalities, and financial issues, yet you managed to get the clients to settle! You kept pushing along as if it would. You are highly knowledgeable, and your straightforward discussion of employment law issues throughout the mediation to my client were better than hours of lectures from my office. You gained trust because you were genuine and my client trusted you enough to reach a resolution. Thank you!"
Sherman Oaks Attorney
“Mr. Appell is a miracle worker. He settled an impossible employment case between intractable parties whose hostility towards each other was a near insurmountable obstacle. His people skills and depth of legal knowledgeable allowed him to start with the key to unraveling a big legal mess. Mr. Appell successfully navigated all participants through all of the factual and legal issues with deft insights and people skills, quickly finding answers to the economic and noneconomic issues. The virtual Zoom mediation was perfect for these parties.
I highly recommend Barry Appell as a mediator.“
I highly recommend Barry Appell as a mediator.“
Manhattan Beach Attorney
"Barry took the time to really understand the issues of our case and provided valuable feedback concerning the strengths and weaknesses of our claims which allowed us to do a realistic assessment of the facts and the value of our claims.
Barry's knowledge of employment law is unsurpassed and was a significant factor in reaching a settlement of our case. We would not have settled this case without Barry's help as a trusted neutral. I highly recommend Barry as a mediator because he has the ability to bring both sides together towards a mutually beneficial result even when it seems that both sides might not have a chance to settle their case at the outset of the mediation. Thank you Barry for your hard work. It is much appreciated."
Barry's knowledge of employment law is unsurpassed and was a significant factor in reaching a settlement of our case. We would not have settled this case without Barry's help as a trusted neutral. I highly recommend Barry as a mediator because he has the ability to bring both sides together towards a mutually beneficial result even when it seems that both sides might not have a chance to settle their case at the outset of the mediation. Thank you Barry for your hard work. It is much appreciated."
Los Angeles Attorney
"Barry’s thorough understandings of the facts and the parties’ legal and factual contentions, and his intuitive sense allowed him to get at the heart of the case while being fair-minded. With his easy-going personality, he was able to engage the parties to get closer to the “de-militarized” zone and ultimately facilitated the settlement of a very complex 3-year old case that involved difficult business decisions and emotional elements. I would return to Barry for any employment case and I would highly recommend him."
Pasadena Attorney
"We mediated a wrongful termination case with Mr. Appell about 45 days before the trial. It was a heavily litigated case, and the parties had two very extreme positions regarding the merits and exposure. Naturally, this made settlement discussions extremely challenging. This was evident in a prior mandatory settlement conference, where the settlement gap was so large that the MSC judge concluded that settlement was not realistic.
Thereafter, the parties selected Mr. Appell as mediator based on his extensive real-world employment litigation experience. His practical litigation experience was essential. He immediately spotted the key factual and legal issues, and encouraged the parties (reluctant participants) to focus on the case and how it would be perceived by a jury at trial. Mr. Appell was instrumental in getting the parties to a place where serious settlement discussions could occur. That critical step put both parties in a position to settle a case that was nearly certain to go to trial. I look forward to working with Mr. Appell again."
Thereafter, the parties selected Mr. Appell as mediator based on his extensive real-world employment litigation experience. His practical litigation experience was essential. He immediately spotted the key factual and legal issues, and encouraged the parties (reluctant participants) to focus on the case and how it would be perceived by a jury at trial. Mr. Appell was instrumental in getting the parties to a place where serious settlement discussions could occur. That critical step put both parties in a position to settle a case that was nearly certain to go to trial. I look forward to working with Mr. Appell again."
Los Angeles Attorney
“I have been involved in mediations with Mr. Appell. He has the personality, knowledge and character as well as patience of a good mediator. I recommend him to assist you in resolving your mediation."
Glendale Attorney
"Please accept this note as a sincere expression of gratitude for your assistance in helping settle a very difficult case. You were an exceptional mediator for us. Your knowledge and understanding of the intricacies of employment law is top notch. I appreciate that you spoke very frankly and honestly to me and my client. Connecting with her and speaking to her interests is what got this difficult matter settled. I look forward to using your services as a mediator again. Thank you!”
Santa Ana Attorney
IN THE MEDIA
Barry Appell - VIDEO - BHBA Member Spotlight