Now Accepting Mediation Cases — Los Angeles County

INSIGHTS

Thought Leadership
& Legal Analysis

Exploring the evolving landscape of employment law, mediation strategy, and dispute resolution through analysis and commentary.

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FEATURED ANALYSIS

Challenging "Trial by Formula": Why Statistical Sampling Fails Individual Justice

EMPLOYMENT LAW

March 2024

In her landmark analysis of Duran v. U.S. Bank National Association, Diane championed the rights of employers to due process — articulating why statistical sampling to determine liability for a large class of employees is both statistically unsound and legally unjust.

“When we reduce individuals to statistical averages, we abandon the very principle that makes our legal system just.”

Read Full Analysis  →

CASE ANALYSIS

Duran v. U.S. Bank National Association

Employment Law  /  Class Certification  /  Due Process

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RECENT ARTICLES

Analysis &
Commentary

Perspectives on employment law, mediation practice, and dispute resolution strategy.

01

MEDIATION STRATEGY

The Art of the First Session

Why the first ninety minutes of mediation determine whether parties will find resolution — and how to set the right tone from the start.

January 2024

02

CLASS CERTIFICATION

Beyond the Numbers Game

A critical examination of how class certification standards have evolved and what it means for individual employee rights in large-scale disputes.

November 2023

03

DUE PROCESS

Protecting the Right to Be Heard

Due process isn’t a technicality — it’s the foundation of just outcomes. How employers and employees both benefit when individual rights are preserved.

September 2023

04

WORKPLACE LAW

When Negotiation Beats Litigation

The hidden costs of courtroom battles and why sophisticated parties increasingly choose mediation as their first — not last — resort.

July 2023

03

PUBLICATIONS & SPEAKING

Selected
Publications

Peer-reviewed articles, conference presentations, and invited commentary spanning four decades of employment law practice.

2024

“Trial by Formula” — A Statistical Fallacy in Class Certification

Los Angeles County Bar Association  ·  Employment Law Journal

2023

Mediation as First Resort: Changing the Litigation Culture

California Dispute Resolution Council  ·  Annual Conference

2022

Wage & Hour Disputes: The Case for Early Intervention

Southern California Mediation Association  ·  White Paper

2021

Confidentiality in Mediation: Balancing Transparency & Trust

ABA Section of Dispute Resolution  ·  Panel Presentation

2019

Executive Employment Agreements: Navigating the Grey Areas

California Employment Lawyers Association  ·  Keynote

The measure of a just legal system is not how efficiently it processes claims, but how faithfully it protects the rights of each individual who stands before it.

Diane Louise Kimberlin

Attorney at Law  ·  Mediator

Interested in Learning More?

For inquiries about speaking engagements, publications, or legal consultations.