Derek Smith

Biographical Info

Derek Smith has mediated thousands of discrimination and sexual harassment cases over his 30-plus years as a litigator. He is a licensed attorney in California, New York, Pennsylvania, Florida, and New Jersey. Having personally handled thousands of cases, he fully understands the legal complexities and implications of employment, discrimination, and sexual harassment matters.

For over three decades, Derek Smith has represented both employees and employers in complex cases. As a mediator, he is entirely neutral—his only client is a settlement. He approaches every case without bias, ensuring that both sides receive a fair and balanced mediation process.
Derek Smith is a Harvard Law School-trained mediator and holds an employment law mediation certificate from Cornell University.

Mediation Philosophy: Don’t Give Up!
Having mediated thousands of cases alongside hundreds of different mediators, Derek's biggest frustration has been mediators who seem indifferent to achieving a resolution. Too often, mediators act as mere messengers, shuttling numbers between parties without real engagement. Over the years, he has seen seasoned mediators lose their passion for the process—treating mediation as a formality rather than an opportunity for meaningful resolution.

Derek Smith is the opposite. He approaches each mediation with purpose and determination. He challenges both sides to move from their positions, offers valuable legal insights, and when it seems like all options have been exhausted, he pushes even further. If a case reaches an impasse, Derek doesn’t stop when the session ends—he continues following up in the days or weeks after, working to break through obstacles and reach a resolution.

When appropriate, he makes a "Mediator’s Proposal" to facilitate agreement. He also brings a vast toolbox of strategies to help parties overcome their differences. Furthermore, when a settlement is reached, Derek ensures the parties sign a binding agreement on the spot, preventing any later disputes over what was agreed upon and ensuring the resolution stands.