Professional Background
As a lawyer, I spent most of my time in courtrooms. I then was appointed a general jurisdiction judge for 23 years. That meant I encountered a wide variety of legal subjects which I had to learn and a wide variety of people whose lives I affected. It made me a quick study, but more importantly, it made me more humble and less judgmental about the people I met. These were critical strengths when I began my mediation practice in 2011. I remain most proud that the bulk of my career was dedicated to service.
Path to Mediation
During my fourth year on the bench, I trained as a mediator because most of the litigants that came before me looked lost and miserable in the courtroom. I thought the client-focused emphasis of mediation would be helpful in my settlement conferences. Lawyers and clients were frustrated by the long waits and bureaucracy they faced in the legal system. My settlement conferences became more of a discussion, and clients were addressed directly. I knew then that mediation would be the path I would follow when I was ready to retire from the bench. The AAA’ s reputation, educational opportunities, and administrative support made joining the AAA panel one of my first goals as an ADR practitioner.
Role as a Neutral
Being invited to help resolve a dispute is an honor and a tremendous responsibility. I am grateful for the opportunity and work hard to earn the trust of the participants. Mediation involves difficult and very personal conversations. Trust breeds openness, and openness leads to resolution. Achieving a resolution is meaningful because clients are relieved of the emotional and financial burden of litigation. You can see that relief when settlement is at hand. It is an amazingly gratifying experience.
Legal/Professional Experience in Mediation
I have been a neutral for over thirty years, so seeing a case from all sides, without judgment, is second nature to me. I respect the participants and approach them with a friendly manner, humility, and a simple desire to help.
Mediation Philosophy
I try to make the process easy for the lawyers and their clients. I have no limit on the amount of documents and other information they can submit. If it is important to them, then it is important to me. I make myself available for pre-mediation phone calls. I am diplomatic, persistent, and compassionate. This helps me build the trust and confidence needed to reach mutually acceptable settlements.
I try to build trust and cooperation from the first contact with the participants. I am naturally curious about people and their lives. I listen carefully as participants describe their dispute.
Each case is unique. A mediator has to be ready to react and improvise. I am comfortable with all forms of mediation and practical in my approach. I facilitate the negotiation while having a candid discussion of risk. I don’t tell the parties what to do. I offer insights and feedback as the neutral third party. I work hard at keeping everyone involved and hopeful, because progress does not happen quickly.
I also believe that the lack of a settlement does not necessarily mean the mediation has been unsuccessful. When a case does not settle, I continually follow up for as long as there is a possibility of settlement.
Memorable Mediation Experiences
At the end of my first mediation, each of the parties hugged me, a reaction I was not expecting because no one hugs judges. I understand how important the mediation is to the people I am assisting. I create a comfortable and respectful atmosphere so that, with the help of their lawyers, clients can achieve resolution and put their dispute behind them. My job is to make sure the process allows them to say what they need to say and get the information they need to decide what they want to do.
Advice to Advocates & Parties
Mediation is the process of attempting to find a reasonable resolution to a problem the parties share. Mediation participants may start off trying to win but must become successful negotiating partners in order to solve their problem. Everyone needs to prepare for a process that takes time and patience.
It helps if the lawyers have had frank discussions with their clients about the strength and weakness of their case as well as what is driving the dispute from the other side’s point of view.
Evolving ADR Landscape
Over the many years I have been mediating, it has become obvious that the use of mediation is ever increasing. The legal system is not designed to settle cases. Increasingly, both lawyers and their clients want to minimize risk, settle disputes in a shorter time frame, increase client participation in the outcome, and reduce the cost of litigation.
Personal Qualities & Skills
Negotiation skills, critical thinking, legal knowledge, understanding of human behavior, curiosity, humility, patience, empathy, and respect are essential qualities needed to be a successful mediator.
Beyond Mediation
Outside of work I try to spend as much time as I can with my family, friends, and dogs. I am lucky to be healthy enough to keep physically active. My book group has been together for 40 years, and I just joined a community choir.