San Francisco ERISA Consultant and Mediator

San Francisco ERISA Consultant and Mediator John Koss is a sole practitioner offering employee benefit consulting and mediation services, as well as conflict management consultation in all aspects of employee benefits and pension plans, including areas such as:

Mr. Koss works with many types of organizations and individuals by assisting them in successfully resolving workplace and employee benefit disputes through mediation or preferably, by helping to identify potential conflicts before they adversely affect the productivity of the workplace or project team, or give rise to damaging lawsuits. Even when a lawsuit is not imminent, the potential for costly claims, appeals and requests for complex and confidential information is greater than it ever has in the last twenty years. The recent Supreme Court's decision in LaRue v. DeWolff, Boberg & Associates, Inc., (___ U.S. ___, 2008 U.S. LEXIS 2014) underscores the risks and liability involved. In the case of benefit plan administration, prevention strategy and risk management are especially critical since the personal liability of fiduciaries is at stake. Because Mr. Koss is recognized for his integrity, technical knowledge, and resolute neutrality, his services are sought out by such diverse groups as:

  • Employers
  • Unions
  • Trustees of multiemployer plans
  • Single employer plan sponsors
  • Fiduciaries of employee benefit plans
  • Attorneys
  • Actuaries
  • Accountants
  • Third-Party Administrators (“TPAs”)

John is able to successfully work through complex and thorny issues with these very distinct groups due to his technical skill, many years of practical experience and respectful demeanor toward all parties. His use of the active listening techniques and promise of maximum confidentiality enables the individual to feel at ease and initiates a feeling of mutual trust, the cornerstone of any successful relationship.

Technical Knowledge

There are many attorneys who may be outstanding mediators, but lack the substance of knowledge of the laws pertaining to ERISA, COBRA, or HIPAA. Likewise, some lawyers are highly knowledgeable in these areas, but prefer to engage in litigation on behalf of plaintiffs or defendants in employment-related lawsuits.

John Koss’s training as a lawyer and over twenty years of experience practicing law in the employee benefits arena uniquely set him apart from these individuals. His collaborative approach and understanding of the practical and human aspects of disputes relating to employment and one’s livelihood is unique in his field of mediation practice.

Employee Benefits Law Mediation and Conflict Management

Employment benefits law is the number one area of Mr. Koss’s knowledge base. Employment benefits law mediation and conflict management are his vocation. He understands, and applies, the many complexities and ambiguities associated with employment and employee benefits law with sophisticated skill and accuracy. For example, he is very ably prepared to handle “hot topics” such as:

  • Voluntary early retirement plans
  • 401(k) investment disputes including ERISA 404(c) plans
  • Sarbanes-Oxley and director liability issues
  • Qualified Domestic Relations Orders (“QDROs”), which may be a part of divorce settlements
  • Claims and Appeals under qualified and non-qualified benefit plans
  • COBRA disputes, including notification issues
  • Qualified Joint and Survivor matters, including disputes over spouse, former spouse, and beneficiary entitlement
  • Conflicts between Summary Plan Descriptions (“SPDs”), plan communications and Plan documents

Prevention, of course, is the best strategy. The happiest outcomes occur when parties avail themselves of Mr. Koss’s expertise during the design and drafting stage of an employee benefit plan and throughout its administration, including the selection and ongoing monitoring of third-party service providers.

In addition, employers and others are also likely to need John's skills in designing, implementing and maintaining conflict management programs and training. Often, following the successful mediation of a dispute, he will assist employers and other interested parties in designing a system of managing conflicts, so that the possibility of future disputes and threats of litigation is greatly diminished.

Of course, all consulting, auditing, and mediation services are performed with the assurance of maximum confidentiality. If Mr. Koss collaborates with in-house counsel, every effort is made to assert the attorney-client privilege, as appropriate.

San Francisco employment law mediator John Koss is experienced, focused, and effective. To inquire about the value of his services with regard to a particular employee benefit design, dispute, or litigation, contact the mediation office of John Koss through this website or by phone.