James L. Young is a longtime general counsel with extensive experience in the insurance, reinsurance, educational publishing, and manufacturing industries. He was introduced to mediation in the late 1980s, when the process was still relatively new in Texas, and was initially skeptical of its effectiveness. Over the course of his in-house legal career, however, he came to rely on mediation as a practical and cost-effective way to resolve disputes and achieve meaningful business outcomes. His positive experiences using mediation as a party ultimately inspired him to become a mediator after returning to private practice in 2009. Young 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?
See my response above as to my path to mediation. I also pursued arbitration work once returning to private practice and joined AAA panels as soon as I felt qualified. I was pleased to learn that AAA also provides mediation services and has been a part of that effort all along.
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 a mediator, I value the feeling of accomplishment that comes from helping parties in dispute find a solution to their problems in real time. As a party, when a mediation was successful, I felt that our best interests had been served in a pragmatic and effective manner. When I go home from a mediation, I feel really good about what I did at work that day!
How has your previous experience as an attorney, arbitrator, judge, or in another professional role shaped your approach to mediation?
As a general counsel and dealmaker, I approach mediation as a collaborative investigation of whether a deal can be found that will meet the needs of all parties, even if not serving all their wants. I leave the litigating to the litigators; my goal is to find a deal amidst all the noise!
How do you approach the mediation process, and what strategies do you use to help parties move from conflict toward resolution?
I emphasize the need to focus on finding a deal rather than proving a case. I listen a lot and ask lots of questions, all with finding a deal as the goal. I give the parties room and time to vent early and then gradually work to narrow the focus to what might be possible working together. As the mediation progresses, in private sessions, I will share my views concerning possible and likely outcomes in court on specific issues without giving the parties any sort of direction concerning what they "ought" to do.
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
Transformative mediation is talked about a lot but rarely seen—I’ve seen a truly transformative mediation, and it was beautiful! In an employment mediation, the employee and the manager came in with some well-developed hard feelings but left at the end of the afternoon literally arm-in-arm, talking about the developmental and professional things they were going to do together. Wow!
Have you noticed any trends or shifts in the use of mediation, the types of disputes, or in parties’ expectations in recent years?
Mediation has moved online. I find that virtual mediation works well, but I believe there is still value in mediating in person where possible, particularly where the case is complex or where significant emotional hurdles exist. Getting together in a private conference room out of the office and away from the everyday work hustle and bustle promotes focus, which is even more important in modern times when individual workloads are higher and individual attention spans are shorter.
Which skills or qualities do you believe are most essential for a successful mediator, and how have you cultivated them?
I think the prime skill of a mediator is listening carefully and fully. The best mediations have been those where the parties talked a lot, and I talked less. The second most essential skill is the suspension of judgment—the mediator is not tasked with solving the problem directly; instead, he or she must suspend judgment and help both parties find their own ways to a resolution.
Outside of your professional work, what activities, causes, or passions are important to you?
I have taught law and government subjects as an adjunct professor at college and law school levels for about 15 years. I believe the best way I can give back to society is by sharing the knowledge and experience I've gained with the next generation. I want my students to leave my classes as informed and engaged adult members of society, ready, able, and willing to take up the responsibilities of citizenship.