Jonathan I. Nirenberg – Mediator

Experienced Employment Law Mediator

Jonathan I. Nirenberg serves as a mediator in New Jersey employment law matters, in both court ordered and private mediation. He has been practicing employment law since he graduated from Cornell Law School, and is available to handle private and court-ordered employment law mediation involving a wide variety of workplace disputes, including ones involving:

• Discrimination;
• Whistleblowers / Retaliation;
• Harassment / Hostile Work Environments;
  
• Employment Contracts;
• Non-Compete Agreements;
• Family and Medical Leaves;
• Wage and Hour Claims (Equal Pay, Overtime and Minimum Wage);
• Unpaid Commissions;
• Reasonable Accommodations; and
  
• Other Employment Law Disputes.
  

Jonathan strongly believes that an appropriate negotiated settlement almost always is better for the parties than the costs and risks of litigation. With that in mind, he does what he can to help the parties reach a mutually agreed resolution to their employment-related dispute.

Jonathan is a New Jersey Rule 1:40 qualified mediator who serves on the Superior Court of New Jersey’s mediation roster.

Evaluative Approach

Jonathan considers himself to use a largely evaluative style of mediation. While recognizing that the parties have far greater knowledge about the facts and circumstances of their own cases, he uses his extensive knowledge and experience as an employment litigator to help them evaluate the potential flaws in their positions and to understands the costs and risks of continuing with litigation compared to the benefits of a potential settlement.

As an experienced employment attorney, Jonathan understand the emotional and personal nature on both sides of most employment law disputes. Likewise, he realizes that although money often is the primary issue being negotiated, it rarely is the only thing at stake. He understands that addressing these non-economic issues can be just as critical to reaching a mutual resolution of a case as agreeing to the amount of the monetary payment. He also understands that in some cases it can be critical to be able to think outside of the box to find an alternative way to address the needs and concerns of the parties before they are ready or able to settle.

Jonathan is mindful that employment law mediation often can be effective only if the parties understand each other’s factual and legal positions. This sometimes can require limited discovery before mediation can succeed. As a result, he is careful to help the parties determine what, if anything, they need to accomplish prior to mediation to make sure the process has the best possible chance for success.

Collaborative Process

Generally, Jonathan strongly discourages joint mediation sessions in employment law cases. In his experience, these sessions are likely to result in posturing and grandstanding that fosters animosity and frustration, rather than lead to the conciliatory state of mind necessary to settle an emotionally-charged case.

Likewise, while it by no means is required, Jonathan often encourages the parties to share their respective mediation position statements with each other before the mediation, while inviting additional confidential submissions from them, but understands and respects when they prefer to keep their mediation position statements confidential.

Respected Employment Attorney

Jonathan is a well-respected employment lawyer. For example, he was selected by Thomson Reuters to be included on its New Jersey Super Lawyers list from 2017 to present, the Super Lawyers “Rising Star” list from 2011-2013, BERGEN magazine’s list of Bergen County’s Top Lawyers in labor & employment law in 2023 and 2024, and has received an AV Preeminent Peer Review Rating from Martindale Hubble. Information about the methodology for the section is available, respectively, on the Super Lawyers and Martindale-Hubbell website. No aspect of this advertisement has been approved by the New Jersey Supreme Court.

Contact Us to Schedule Your Mediation

If you are looking for a mediator for an employment law case, either for a private mediation or to replace another court appointed mediator, or would like to discuss Jonathan’s availability to serve as the mediator in your case, then please feel free to call our office at (201) 777-2250.

Jonathan conducts mediation remotely by Zoom, as well as in person at our Bergen County office, which is located at 135 Chestnut Ridge Road, Suite 230, Montvale, New Jersey 07645.

Education

J.D., Cornell Law School, Ithaca, New York, 1998
B.A., University of Rochester, Rochester, New York, June, 1995

Jurisdictions Admitted to Practice

New Jersey, 1998
New York, 1999
U.S. District Court District of New Jersey, 1998
U.S. District Court Southern District of New York, 2002
U.S. District Court Eastern District of New York, 2002
U.S. Court of Appeals 3rd Circuit, 2002