Anthony Barron was assigned to his firm's industry-leading construction group as a first-year associate in 1990, a role that ultimately shaped the course of his legal career. He has practiced at two Am Law 100 firms throughout his career, both recognized for their outstanding construction practices. In addition to representing clients, he has held a variety of leadership positions, including serving as head of the litigation department at his current firm. In 2020, he expanded his practice to include serving as a neutral alongside his client work, a role he has found immensely rewarding. While he describes winning at trial as an unmatched thrill, he says successfully helping parties resolve a dispute through mediation comes very close. Barron discusses his approach to mediation.
What motivated you to pursue mediation, and were there personal influences or professional experiences that shaped your path to joining the AAA?
While I've tried or arbitrated a number of cases to conclusion as an advocate, most cases of course resolve through mediation. I have been privileged to work with a number of very strong mediators and can see how impactful they can be. In my career, I try to focus on "making a difference" in client work, leadership, and now in mediation. Like many, I've realized that my personal style, which emphasizes credibility, authenticity, and trust, can be very strong qualities for a litigator, and that an "in your face" style is not always an advantage. Mediation feels like a natural fit for my personal style.
What do you value most about serving as a mediator with the AAA, and what aspects of the work do you find most meaningful for the parties you serve?
As noted above, settling a case is a great feeling, not from an ego standpoint, but from knowing that the parties were able to put their difficulties behind them and move on. I love that I deal with so many experienced construction attorneys who really know their stuff. I also love that so many of them encourage their clients to actively engage, so that it is a very collaborative process and not a stage-managed process. On the whole, I think the level of discourse and engagement is terrific.
How has your previous experience as an attorney, arbitrator, judge, or in another professional role shaped your approach to mediation?
Whether as an advocate or in leadership positions, I've focused on ways to discuss and resolve conflict in collaborative and respectful ways. I've seen that, even in an advocate role, working together with and not merely against opposing counsel can be so important in resolving disputes efficiently and effectively. I try to bring those qualities to mediation and, for better or worse (for the better, I think), when I bring authenticity and candor to mediation and wear those qualities on my sleeve, I find that the other participants do too.
How do you approach the mediation process, and what strategies do you use to help parties move from conflict toward resolution?
The cliché is valid for mediation: you have to walk in the other person's shoes. That means I really understand both sides' positions through advance preparation and reading, a pre-mediation call, and thinking through not just the issues but potential resolutions. It's important that I understand the parties' positions. It's more important that the parties understand each other's positions. When productive, I will facilitate a direct exchange. When the parties aren't ready for that, I am able to communicate perspectives in a way that is, I hope, informative but not threatening. I have a style that helps me deliver tough messages in an empathetic and respectful way that, in my experience, can be very helpful in allowing parties to at least appreciate the other party's position. That appreciation and understanding are the first and perhaps most important step toward resolution.
Without breaching confidentiality, can you share a moment or case in your mediation work that was especially rewarding or that highlighted the strengths of the process
This is a small anecdote, but in a recent matter where we were not able to get all the way to a resolution on the day of the mediation, an attorney called me a few weeks later and told me exactly where his client was and how the case could be settled. It was honest and vulnerable, with no posture. In addition to telling me the case was going to be settled; it told me that I had built the trust and credibility that led to complete candor. I also realized it wasn't just me—it was everyone involved working together to create the trust necessary to resolve the case.
Have you noticed any trends or shifts in the use of mediation, the types of disputes, or in parties’ expectations in recent years?
I find that there is a trend toward serial mediation sessions that I'm working hard to resist. Sometimes it's necessary, but if we can close in one day, we should!
Which skills or qualities do you believe are most essential for a successful mediator, and how have you cultivated them?
Curiosity. Empathy. Authenticity. Credibility. For whatever reason, from the time I was a very junior attorney, I've been perceived as someone who can make a connection and find ways to work with all personality types. I don't know how I developed that (if it was due to good genes, I also got plenty of bad ones), but it has been a real advantage in my work as an advocate, a neutral, and a law firm leader.
Outside of your professional work, what activities, causes, or passions are important to you?
I love history! Books. Articles. Podcasts. I love food, cooking, and dining out. (I wish I loved exercising equally.) Perhaps atypical for a construction attorney, I also love Broadway musicals.