Deborah A. Reperowitz brings more than 20 years of experience as a corporate bankruptcy attorney, with extensive transactional and litigation experience. Throughout her career, she has negotiated countless creative settlements addressing complex, interrelated issues. As a senior corporate officer, general counsel, and chief litigation counsel, she successfully resolved numerous disputes, including high-stakes, bet-the-company matters that required close collaboration with business leaders and boards of directors. As a mediator, she finds the greatest satisfaction in helping parties resolve highly contentious disputes, particularly when participants express sincere appreciation for her assistance and even those initially skeptical of mediation ask how she was able to help them reach a resolution. Reperowitz discusses her 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?
As a senior corporate officer and in-house counsel, I was tasked with reducing the monetary and non-monetary costs of dispute resolution. I also wanted to avoid win/lose decisions imposed by a third party. Handling complicated, high-stakes disputes, I learned that, with the assistance of a skilled mediator, most disputes can be settled through a customized agreement that addresses the true needs of the parties, affords them certainty over the outcome and costs, and allows them to return their focus to their business. As bankruptcies dwindled, I made the decision to dedicate my practice to ADR, particularly mediation.
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?
The camaraderie and educational opportunities provided by AAA are invaluable. For the parties, the most meaningful aspects of the mediation services I provide are (i) the facilitation of productive communication and information sharing between them, (ii) guidance in formulating a win/win settlement, and (iii) neutral reality checks.
How has your previous experience as an attorney, arbitrator, judge, or in another professional role shaped your approach to mediation?
After negotiating on behalf of clients as a bankruptcy attorney settlements that involved multiple parties and required the concurrent resolution of interconnected business and legal issues, I joined a Fortune 500 financial institution as a corporate officer and Chief Litigation Counsel, where I offered a variety of products and services. It was not until I became a corporate officer that I appreciated the approval processes that are required to be followed and the numerous factors a publicly traded business and its board must consider before agreeing to a settlement. This experience has been helpful to me as a mediator on a number of occasions when I was able to justify to parties, through my own personal experiences, why a mediation party is not being unreasonable or “playing games” when they need additional time to attempt to obtain approval of a settlement proposal that is outside of the settlement authority they were afforded before the mediation began.
How do you approach the mediation process, and what strategies do you use to help parties move from conflict toward resolution?
I approach mediation with an open mind and set out to develop a deep understanding of the parties and the issues. If an impasse appears to be reached, I will undertake a historical and prospective reality check with each party, outlining the costs and distractions the dispute has brought them to date and the worst-case scenario if a decision is entered against them, focusing on what has been identified as the most important issues for them. I remind them that mediation is a process, and, if appropriate, I may point out that they are playing the same game they complain the other side is playing (e.g., “I don’t want to make the first big move”). I will try to get each party to commit to a range within which they would settle, and I may suggest their next move and work with them to try to anticipate the other parties’ response. If the impasse is real, I will make an informal verbal or formal written mediator’s proposal if all parties agree to that approach.
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
Clawback actions seeking multiple millions of dollars were brought against various family members. Years of costly litigation had fractured the defendants, leaving them locked in a bitter, years-long silent standoff. Most of the defendants were financially comfortable, one was wealthy, and one was poor. The mediation was in person, and defendants who did not speak with each other were kept in separate caucus rooms.
At the end of a long day of mediation, the matter settled, with the wealthy defendant agreeing to sell an asset to cover the share of the less wealthy defendant. Once the agreement was reached, I asked the defendants if they would like to meet together, and we ended the day in one room, with the defendants happily reconciled, catching up, and thanking me for my help.
Have you noticed any trends or shifts in the use of mediation, the types of disputes, or in parties’ expectations in recent years?
Recently, I have noticed that parties and their counsel are better prepared for mediation and are more optimistic about reaching a settlement. Traditional financial services companies seem more receptive to ADR, although they are not aligned in their acceptance of the value of mediation.
Which skills or qualities do you believe are most essential for a successful mediator, and how have you cultivated them?
Emotional intelligence is a foundational competency for mediators, enabling them to establish genuine rapport and cultivate trust with the parties and their counsel. Mediators must also possess excellent active, empathetic, comprehensive, and critical listening skills to develop an accurate and fulsome understanding of the parties and issues involved in the dispute, de-escalate tension, and build trust. Additionally, it is critically important for mediators to be patient and persevere, allowing the parties time to reflect on the situation and explore potential ways forward.
Outside of your professional work, what activities, causes, or passions are important to you?
Causes: children’s welfare, women’s rights, animal welfare, education, and healthcare.
Passion: dance and theater. I began at NYU as a dance major and taught dance and choreographed pieces for dance competitions for six years.