Path to Mediation
My primary motivation to pursue mediation was because I have an innate ability to spot differing positions on both sides of the case that are sticking points and have success throughout my career getting the parties to understand the other side’s position to promote resolution. As an advocate, I have had the pleasure of working with some amazing mediators, especially in construction, who have been able to navigate high-exposure cases involving multiple parties and complex issues. Also, it seems that many of the seasoned mediators are retiring, so there is a need for motivated mediators in the industry as a whole.
Role as a Neutral
I find building trust and offering assistance in reaching resolution as rethe most valuable aspect of serving as a mediator. I offer unique insight and perspective on the issues to promote resolution as part of the mediation process.
Legal/Professional Experience in Mediation
As an attorney, I evaluate the strengths and weaknesses of my client’s case prior to mediation and advise my client to promote realistic expectations at mediation, including the implications of not settling the case. I find that mediations are unsuccessful when the participants are not prepared and have not put in the work to know the ins and outs of both sides of the case—even if the case is in the early stages. As a mediator, I believe it is imperative for both sides to be fully engaged and prepared to discuss the details of the case at mediation, but I utilize pre-mediation conferences and the exchange of mediation submissions to foster those discussions and to avoid surprises that might disrupt negotiations.
Mediation Philosophy
Mediation is a process, not an event. I work tirelessly before, during, and even after the mediation session to encourage frank discussions with and among the parties. I believe it is important to foster the settlement and not force it. Any resolution is the parties’ resolution. Therefore, I do not lose sight of the fact that the parties have to be prepared to reach a resolution.
Memorable Mediation Experiences
In complex construction cases, having experts engaged to provide presentations before the mediation and even having discussions with opposing experts has been vital to resolution of cases. I participated in a mediation involving a stadium project where there were many parties and experts. The mediation lasted over several months, and the experts met during that time to find areas of agreement. This was instrumental to the ultimate resolution of the case and has been invaluable in other less complex cases.
Advice to Advocates & Parties
Be prepared—even overly prepared. Preparation and proper case evaluation is are the keys to educating me as the mediator and reaching a settlement of the dispute.
Evolving ADR Landscape
In recent years, the parties have shifted focus from having opening presentations. I recently moderated a panel where a panelist emphasized the importance of opening statements, with the insurer pointing out that this is his/her opportunity to evaluate the opposing side for the first time. The mindset of late has been that opening presentations take up too much time or may alienate the parties. However, I believe there is value in having opening statements (even if before the actual mediation date), so the parties can hear the other side’s perspective, evaluate the competency of counsel, and humanize the case. I find that when adversaries listen to how a dispute has impacted the other side, it facilitates our natural instincts to want to work together.
Personal Qualities & Skills
A mediator needs to be knowledgeable in subject-matter, but also needs to be willing to be frank and honest with the parties about the strengths and weaknesses of their positions, as well as the value of the dispute and the risks of not reaching a resolution. A mediator with this foundation will gain the trust of the parties and be in a better position to facilitate resolution
Beyond Mediation
Much of my “free time” is spent supporting my 13-year-old son’s soccer career. As a family, we have been able to travel internationally for his soccer events, which we look forward to yearly. I also am an avid fan of the University of Louisville and, with my mother, own five beautiful Straight Egyptian Arabian horses and regularly attend horse shows. We also like to spend time at the lake in the summer.