Abby B. Silverman, Esq., joins JAMS with over a decade experience as a full-time arbitrator and mediator resolving employment and employment related business disputes. Ms. Silverman is a knowledgeable, effective and skilled problem solver. She specializes in discrimination, retaliation, employment agreement, wrongful termination, founder/company, competition, corporate governance, and trade secret and confidential information controversies. Before becoming a full-time neutral, Ms. Silverman had a long, successful litigation career at an international law firm, where her practice spanned a variety of industries, including life sciences, technology, staffing, hospitality, retail and real estate.

As an arbitrator, Ms. Silverman has the insight, experience and temperament to deliver a just result by being well-prepared, fair-minded and decisive. She is determined to make the arbitration process more efficient and cost-effective than litigation and respects the trust parties place in it. As a mediator, Ms. Silverman designs the process to suit the complexity of the issues, the size of the problem and the expectations of the participants. This creates trust, assures respect and allows for agreement and resolution.

A recent profile in the Daily Journal highlights Ms. Silverman’s ability to make sound decisions and fair judgments. The article stressed that “while she appreciates good lawyering, it is the evidence that she seeks, and that earns the respect of the lawyers and parties, no matter the outcome.” 

ADR Experience and Qualifications

• Over a decade as a full-time ADR professional, resolving by arbitration or mediation a full range of employment and related business disputes
• A 30-year litigation and counseling career covering all aspects of the employment relationship over a wide variety of industries  
• Several law firm management positions, including San Diego managing partner, providing an appreciation for the practical and personal impacts of policy, business and human resources decisions

Representative Matters

• Executive/Investor: Founder/investor disputes, stock and equity issues, partnership disputes, breaches of employment agreements, change of control provisions, breaches of fiduciary duty, corporate governance, mismanagement, tax fraud, unfair competition and trade secret misappropriation
• Discrimination, Hostile Work Environment and Retaliation: Gender, disability, race, national origin, age discrimination, sexual harassment and retaliation cases, including several individual glass ceiling/gender discrimination claims as part of a nationwide class action settlement claims procedure
• Whistleblower: Adverse employment actions resulting from engaging in protected activity, such as reporting financial misconduct, compliance risks and employment practices violations
• Wage and Hour, Misclassification and Other Labor Code Violations: Individual actions sometimes with Private Attorneys General Act (PAGA) cases and class action lawsuits proceeding in federal or state court
• Successful Pre-Litigation and Mid-Litigation Mediation: Gender discrimination, sexual harassment, hostile workplace, retaliation, equal pay, breach of employment agreement, misclassification and wage and hour claims

Honors, Memberships, and Professional Activities

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

Professional Affiliations and Memberships

• Member, Workforce Policies Committee, United States Court of Appeals for the Ninth Circuit, 2018–present
• Member, Employment Law Panel and Complex Litigation Panels, American Arbitration Association, 2000–present
• Emeritus Director, San Diego Chapter, Association of Business Trial Lawyers
• Member, Dispute Resolution and Litigation Sections, American Bar Association
• Member, San Diego County Bar Association
• Member, President’s Advisory Committee, Lawyers Club of San Diego, 2019–present
• Former Member, Board of Visitors, University of San Diego School of Law
• Past Member, Merit Selection Panel for United States Magistrate Judges, United States District Court for the Southern District of California
• Other Federal and State Judicial Selection Committees
• Past Director, San Diego Volunteer Lawyers Program

• State of California, 1979
• Supreme Court of California, 1979
• United States District Court, Southern District of California, 1979
• United States Court of Appeals, Ninth Circuit, 1985
• United States District Court, Central District of California, 1989
• United States District Court, Eastern District of California, 1989

Business Affiliations and Boards

• Executive Board Member, Rancho La Puerta Group, 2003–present
• Board of Directors, Honorary Lifetime Member, CONNECT
• Emeritus Director and Former Chairman, Pinnacle Awards Judges’ Committee, Athena San Diego
• Former Board Member, Athena Foundation
• Former Member, Chancellor’s Community Advisory Board, University of California, San Diego

Community Affiliations and Nonprofit Boards

• Board of Trustees; Chairman, Human Resources/Compensation Committee; Mingei International Museum; 2011–present
• Former Chairman of the Board, Human Resources/Compensation Committee and Strategic Planning Committee, Scripps Health, 2000–2007, 2009–2019
• Immediate Past Chairman, Board of Commissioners, San Diego Public Library
• Former Trustee and Past Chair, Alumni Council, Planned Parenthood of the Pacific Southwest
• Former Advisory Board Member, Scripps Translational Science Institute (Genomic Medicine)
• Former Board Member, Episcopal Community Services
• Former Advisory Board Member, Run Women Run
• Former Member, Human Resources Subcommittee, Zoological Society of San Diego
• Former Trustee and Past President, La Jolla Music Society
• Former Director, San Diego Performing Arts League

Awards and Honors

• Recognized as a Lawyer of the Year, Employment Law/Management in San Diego, Best Lawyers in America, 2024
• Recognized as a Best Lawyer, Best Lawyers in America, 2007–2023
• Selected as a Southern California Super Lawyer, 2007–2022
• Recipient, Defender of Choice Award, Coalition of Reproductive Choice, 2013
• Recipient, Distinguished Alumni Award, University of San Diego School of Law, 2000
• Recipient, Tribute to Women and Industry (TWIN) Award, Women’s and Children’s Alliance, 2000
• Recipient, Individual Pinnacle Award, Athena, 2000
• Recipient, Fay Stender Award, California Women Lawyers, 1994
• Recipient, Community Service Award, Lawyers Club of San Diego, 1992

Background and Education

• Juris Doctor, University of San Diego School of Law, 1979
• Master of Social Work, Bryn Mawr College, 1963
• Bachelor of Arts, Wellesley College, 1961