• J.D., Columbia University School of Law, valedictorian (1973)
  • B.A., Radcliffe College (Harvard University), valedictorian; Junior Phi Beta Kappa (1966)


  • New York (1974)
  • U.S. Court of Appeals for the 2nd Circuit (1974)
  • U.S. District Court for the Southern District of New York (1974)
  • U.S. District Court for the Eastern District of New York (1974)
  • U.S. Supreme Court (1979)
  • U.S. District Court for the Northern District of New York (1980)
  • U.S. Court of Appeals for the 10th Circuit (1986)


  • Member, American Law Institute
  • Member, American Bar Foundation
  • Member, Association of the Bar of the City of New York, Labor & Employment Committee
  • Co-chair, Legislation Committee, and member, Executive Committee, New York State Bar Association Labor & Employment Section
  • Member, New York State Bar Association and American Bar Association, Dispute Resolution Sections
  • Board member, The Bridge, Inc


  • Test Case on Discriminatory Mortgages, National Law Journal, January 14, 2013
  • Punitive Damages in Employment Discrimination Cases: Myth or Reality?, New York State Bar Association Labor and Employment Law Journal, Fall-Winter 2012
  • Winners and Losers: Employment Discrimination Trials in the Southern and Eastern Districts of New York, New York State Bar Association Labor and Employment Law Journal, Spring 2012
  • The Mediatorís (Female) Gender: Irrelevant, Important, or In-Between?, Alternatives, April 2012
  • Get a Bigger Bang For Fewer Bucks: Pick Meaningful Numbers, in Definitive Creative Impasse-Breaking Techniques in Mediation, New York State Bar Association 2011
  • Foreclosure Mediation: Remedy or Disappointment?, National Law Journal, February 21, 2011.

Mediators + More, Vivian Berger

Vivian Berger

Member, Mediators + More

VIVIAN BERGER has been a practicing attorney for 39 years and has resolved more than 500 disputes as a mediator. Her specialty is labor and employment disputes. She has extensive experience settling conflicts, both in and out of court, involving all types of claimed workplace discrimination, harassment and retaliation; infringement of wages and hours laws (including class and collective actions); violation of whistleblower statutes; non-compliance with the Family Medical Leave Act; and breach of contract.

Berger is a recognized authority on workplace dispute resolution, and her insights are regularly presented in public appearances, magazines and professional journals. She is a frequent speaker on topics such as ethics in alternative dispute resolution, mediation as a means of breaking court gridlock, and mediating wages and hour cases. Her expertise has earned her the designation of Advanced Practitioner in employment mediation from the Association of Conflict Resolution.

Berger is the Nash Professor of Law Emerita at Columbia Law School and previously served as Vice Dean. Past positions in law practice include: counsel to a law firm; Assistant Counsel at the NAACP Legal Defense and Educational Fund, Inc., and Assistant District Attorney in the Office of the District Attorney of New York County.

She has served on the New York State Unified Court System ADR Advisory Committee and has worked on mediation-related projects for the New York State Office of Court Administration. In addition to mediating privately, she is a member of the American Arbitration Association Employment Mediators Panel as well as the mediation panels for the United States District Courts in New York, the New Jersey court system, and the Equal Employment Opportunity Commission. She also conducts workplace investigations and has served as a Special Master in a federal court sexual harassment case.