Q: Could you tell us about your professional background—your areas of practice, how you first became involved in mediation/EDR, and moments or accomplishments you’re most proud of?
As a former general counsel and outside counsel, I have seen first-hand the financial and operational toll litigation takes on parties. That made me a proponent of trying to resolve disputes in their earliest stages, and that led me to chair the ABA’s Task Force on Early Dispute Resolution and join the EDR Institute as a trustee. EDR mediation – the process pioneered by the EDR Institute and included in the AAA’s service offerings – is one of the most effective ways to increase the likelihood of settlement and reduce costs.
Q: What motivated you to pursue mediation/EDR, and were there personal influences or professional experiences that shaped your path to joining the AAA?
I began mediating in the early 1990s when I was appointed to a panel that focused on trademark disputes. My mediation practice has expanded to involve a wide variety of commercial, technology, IP, and employment disputes. I’m drawn to mediation not only because it saves parties time and money, but also because it allows them to shape the parameters of the outcome and avoid an all-or-nothing, win/lose result in court or arbitration.
Q: What do you value most about serving as a mediator/EDR specialist with the AAA, and what aspects of the work do you find most meaningful for the parties you serve?
As a mediator, I am focused on helping parties resolve their disputes without having to litigate or arbitrate. As a result of my general counsel experience, I understand how businesses operate and often what has led to a dispute. This gives me the ability to better assess the likely outcomes and envision potential settlement options. The EDR mediation process is a powerful tool that builds on these skills. It’s really game-changing and takes dispute resolution to the next level. Once parties have experienced it, it will be the new norm.
Q: How has your previous experience as an attorney, arbitrator, judge, or in another professional role shaped your approach to mediation?
I have been both general counsel and outside counsel and have represented parties in mediations and acted as the client representative. I understand how parties approach the process, what they generally expect from it, and what the sticking points can be.
Q: How do you approach the mediation/EDR process, and what strategies do you use to help parties move from conflict toward resolution?
I never understood why traditional mediation was structured to succeed or fail based on the parties’ discussions over one or a few days. I believe that disputes can settle early, without full discovery, meaning the parties do not have to wait until they are months into litigation or arbitration to mediate. Settling early, though, requires a defined process like the EDR mediation process published by the EDR Institute, which is the basis of the AAA’s EDR service offering.
Q: Without breaching confidentiality, can you share a moment or case in your mediation/EDR work that was especially rewarding or that highlighted the strengths of the profession?
The mediations I find most gratifying are the ones where you find a way to move the parties beyond an impasse that would otherwise end the negotiations. Helping parties move past what appears to be a dead end and find a path to settlement is always deeply rewarding.
Q: What advice would you give to advocates or parties preparing for mediation/EDR—whether in terms of mindset, process, or practical preparation?
EDR mediation, like mediation generally, gives the parties a way to avoid the downside of a complete loss at trial or after an arbitration hearing. With EDR mediation, the parties engage in a process where they can get the information they need to assess the strength and settlement value of their cases and, through the risk analysis part of the process, quantify that value based on the likely outcomes. This leads to more confident decision-making and avoids the feeling that settlement numbers bear little correlation to the likely outcome if the case goes to trial or a hearing in arbitration.
Q: Have you noticed any trends or shifts in the use of mediation/EDR, the types of disputes, or in parties’ expectations in recent years?
It is a given that the amount of litigation will increase, the cost of legal services will go up, backlogs in court dockets will not be meaningfully reduced, and few cases will ever go to a hearing. Responding to those trends by simply increasing legal spend isn’t scalable. Instead, parties should consider that, statistically, they are most likely to settle before trial and not delay the inevitable. EDR mediation was developed to specifically address the impediments to early settlement inherent in traditional mediation; it is a more effective framework for evaluating and resolving disputes earlier. Since the EDR Institute was founded in 2019, the acceptance of EDR has continued to grow as more parties recognize its value.
Q: Which skills or qualities do you believe are most essential for a successful mediator/EDR specialist, and how have you cultivated them?
Most parties come to mediation believing they will ultimately prevail, but that will generally be true for only one party. I work with each of the parties in a mediation to evaluate their risk, assess it more objectively, and use that understanding to help them find a basis for resolution. That involves a combination of substantive knowledge, industry experience, a familiarity with basic neuropsychology, and persuasive skills, all of which come together to help the parties develop a realistic view of their downside and ways to mitigate it.
Q: Outside of your professional work, what activities, causes, or passions are important to you?
My legal experience has involved working on numerous cross-border disputes and transactions. The clients who were the most successful as they expanded outside the U.S. were those that understood the markets they were trying to enter and sought to operate like local entities. As an arbitrator and mediator, I continue to be involved in disputes between entities in different countries. Understanding different perspectives that are rooted in cultural differences is, obviously, important to this work. That has led me to spend time traveling internationally, experiencing countries’ history and culture. It has helped deepen my appreciation for how differently people approach conflict, communication, and resolution.
Resume
To learn more about Anne Jordan’s professional background, view her resume.
You can search the panelists in Mediator Search to find the links to their resumes.