Joseph Del Sole was appointed judge of the Court of Common Pleas of Allegheny County (Pittsburgh) in 1978 and elected to a full term in 1979. This is a court of general jurisdiction handling civil, criminal, probate, family, and local agency (zoning, civil service, tax) appeals. He was primarily assigned to the Civil division, although he did serve briefly in both the Family and Criminal divisions.
He was elected to the Pennsylvania Superior Court and began service in 1984, continuing until he retired in 2007. During his service on the Superior Court, he was selected by the members to serve as President (Chief) Judge for a term of five years. He is most proud of the work done to eliminate the case backlog and to automate the judicial process on a statewide basis. We asked him how his expertise informs his approach on the American Arbitration Association® Judicial Panel.
Q. What motivated you to transition from the bench to arbitration and/or mediation work, and how did you become connected with the AAA?
Following over 27 years of judicial service, I desired a new challenge. I had the opportunity to associate with my son’s law firm and develop an ADR practice. Before becoming a judge, I had been a AAA arbitrator and renewed that association.
Q. What do you value most about serving as a neutral with the AAA?
The AAA has established processes that govern the proceedings. The Rules provide structure and guidance to the parties and the neutral. The Case Managers are extremely helpful, and the AAA’s handling of the fees eliminates the need for the neutral to engage in seeking payment.
Q.How has your experience as a judge shaped your approach to ADR proceedings?
Serving as a judge has taught me to keep an open mind to the presentations of the parties and allow each party the opportunity to present its case as it sees fit as well as when to ask questions to seek clarification of a point.
Q. How do you approach case management in arbitration or mediation, and what strategies do you use to keep the process fair, efficient, and focused?
Initially, I believe there is not a need for “case management” in mediation matters. The initial conference call should establish the date for the mediation and the parties’ confidential mediation statements should set the parameters for the process. If a recess is needed to allow for consultation, specific return dates should be established.
For arbitrations, I believe establishing specific dates for events keeps all parties focused. Periodic status calls also assist in moving the matter to conclusion. I do believe that counsel should be permitted to present their client’s case as they deem necessary but not to the extent that it is detrimental to opposing parties.
Q. What advice would you give to advocates or parties preparing for arbitration or mediation?
In addition to knowing the issues present in the case, both favorable and unfavorable, it is important to understand the nature of each procedure and to properly advise the client what to expect.
Q. Which skills or qualities do you believe are most essential for a successful neutral, and how have you cultivated them?
Patience and respect I believe are most essential for a neutral. Allowing each side the time to present its case and treating each person respectfully, in my experience, allows for a more efficient process.