Neutral, fair, and judicious, retired judge Donald Black brings nearly 40 years of civil litigation and judicial experience to each arbitration, mediation, or consulting engagement. In a recent conversation, Donald reflected on his career on the bench and how it naturally led to ADR.
His commitment to fairness, deep civil litigation background, and emphasis on process now guide his work as a neutral with the AAA.
Q: Can you tell us about your judicial background—where you served, the types of cases you presided over, how many years you were on the bench, and any accomplishments or moments you’re particularly proud of?
I was appointed to the Fresno County Superior Court in 1998 and served for more than 20 years. For 17 of those years, I managed a direct calendar civil unlimited assignment, responsible for every stage of civil cases—from inception and law and motion through trial and post-trial proceedings. I handled a wide variety of disputes, including employment, labor, personal injury, contract, real estate, and construction matters. My proudest accomplishment was serving with impartiality: I always called balls and strikes as I saw them, without fear or favor to any side or cause.
Q: What led you to transition from the bench to arbitration and mediation work with the AAA?
I wanted to stay connected to the law and the lawyers practicing it. ADR felt like the best way to do that. I had been an AAA arbitrator before joining the bench and was well aware of the organization’s stellar reputation, so when I retired from the court, it was natural to reach out to them again.
Q: What do you value most about serving as an arbitrator or mediator with the AAA?
I enjoy interacting with lawyers and parties, and I value being able to help them solve the immediate dispute in front of them—whether in a mediation or arbitration context.
Q: How does your experience as a judge shape your approach as a neutral in ADR proceedings?
Serving as a judge underscored the importance of process. Parties care deeply about being heard, and ensuring their concerns are considered is critical to the fairness and perception of fairness in ADR.
Q: What advice would you give to parties or advocates preparing for arbitration or mediation?
Preparation is key. Know the legal and factual issues in your case and be ready to articulate them clearly. That applies just as much in mediation as it does in arbitration—mediators can only be effective if parties present specific evidence and arguments to work with.