ERISA Consulting and Mediation Services

Drafting and Administering Employee Benefits Plans

In-house counsel and other attorneys who need expert assistance drafting employee benefits plans, administering such plans, or connecting with third-party service providers often draw upon Mr. Koss’s knowledge and experience. To avoid unpleasant surprises and adverse Department of Labor and IRS audit results, they utilize his services in the areas of compliance and preventive conflict management training in the planning stages of designing their benefits plans.

Mediating with a Full Awareness of the History and Development of ERISA When conflicts arise, they enlist his assistance in the role of a professional ERISA mediator. As a third-party neutral, he thoroughly familiarizes himself with the facts of the case and carefully analyzes each side’s argument concerning the law, procedure, and their applicability to the facts.

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.

When a California employer’s lawyer advises the company that mediation is required to resolve a particular dispute or conflict, organizations often contact John Koss, an experienced California ERISA mediator and trained attorney who has practiced in the field of ERISA for over 20 years.

Mr. Koss often mediates in disputes concerning specific provisions of the Employee Retirement Income Security Act (ERISA). He is very well qualified by training and experience to explain in business English the meaning of sometimes very complex and often difficult to communicate concepts such as cash balance plans and medical reimbursement arrangements.

Since he acts as a mediator and not an arbitrator, Mr. Koss does not render an opinion or decision as to the resolution of the dispute. Rather, his analysis and insight serve as reassurance to both sides that their technical points will be heard and understood, no matter how subtle or complex they might be.

While it is true that a mediator endeavors to assist both parties to reach a mutually satisfying solution to their dispute (often referred to as a “win-win” outcome), Mr. Koss believes that this does not at all imply compromise or “splitting the difference,” as such a result would be wholly inappropriate for ERISA mediation. Thus, while the parties will be assured of a fair and intelligent hearing, no effort will be made to compromise either side in violation of the law, regulations, plan documentation or interpretation of any of these.

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.

To schedule a consultation regarding California ERISA mediation or conflict management regarding defined contribution plans or other matters related to employee benefits plans, contact San Francisco, California ERISA mediator John Koss.