After 16 years as a civil trial lawyer, Marsha Ternus was appointed to the Iowa Supreme Court in 1993 by Governor Terry Branstad. As the highest appellate court in Iowa, the Iowa Supreme Court heard appeals involving all types of cases. In 2006, her fellow justices selected her to serve as Chief Justice, making her the first woman to hold that position on Iowa's highest court.
Justice Ternus's term on the court ended on December 31, 2010, after she and two of her colleagues were not retained in the 2010 judicial retention election. Their retention was opposed by voters following the court's unanimous decision recognizing same-sex civil marriage in Iowa. In May 2012, Justice Ternus and her two colleagues received the 2012 John F. Kennedy Profile in Courage Award. In announcing the award, the Kennedy Presidential Library stated that the three justices "were chosen in recognition of the political courage and judicial independence each demonstrated in setting aside popular opinion to uphold the basic freedoms and security guaranteed to all citizens under the Iowa Constitution." We asked her how her expertise informs her 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?
As noted above, I did not make the decision to leave the bench. Nonetheless, when I was not retained, I saw an opportunity to continue to do what I loved doing but in another role—the role of an arbitrator. I knew other lawyers who were on the AAA roster and thought highly of the AAA, so I applied to be on the AAA roster of arbitrators. Since joining the roster, I have been impressed with AAA’s emphasis on providing a fair and efficient process and ethical and impartial decision-making.
Q. Role as a Neutral
What do you value most about serving as a neutral with the AAA?
I value the opportunity to provide parties a high-quality dispute resolution alternative to traditional court litigation. Personally, I enjoy managing cases, making sure the process is fair and efficient, and I love sorting through the evidence and applying the law to reach a principled decision.
Q. How has your experience as a judge shaped your approach to ADR proceedings?
My judicial experience has definitely shaped my approach to arbitration proceedings. First and foremost, I bring my commitment to fair and impartial justice to my work as an arbitrator. I also use my research and writing experience to produce an award that explains my reasoning in a manner that can be understood by counsel and the parties. Although one party will inevitably be disappointed in my decision, I want them to know that my decision was based on the evidence and the law and was not made arbitrarily.
Q. Case Management Philosophy
How do you approach case management in arbitration or mediation, and what strategies do you use to keep the process fair, efficient, and focused?
Parties to an arbitration deserve a fair opportunity to develop and present their evidence and have their issues determined by an impartial decision-maker. In managing the arbitral process, I try to avoid unnecessary formality and the delays and procrastination that so often occur in civil litigation. While using the AAA rules and the goals of fairness and efficiency as guardrails, I let the parties craft a process that works for them. They set the schedule, and I support them in maintaining that schedule by issuing prompt decisions on issues that arise during the arbitration.
Q. Advice to Advocates & Parties
What advice would you give to advocates or parties preparing for arbitration or mediation?
Before the preliminary hearing, strategize what issues or facts you will need to prove or rebut at the final hearing and then identify the evidence that you must gather to be successful. That process will allow you to assess your discovery needs and to suggest a realistic timeline at the preliminary hearing when the schedule is set. Throughout the arbitration, whether in filing a motion or briefing the case for final hearing, remember that the arbitrator is your audience and you must communicate your case to the arbitrator in a clear, logical and organized fashion.
Q. Personal Qualities & Skills
Which skills or qualities do you believe are most essential for a successful neutral, and how have you cultivated them?
Organizational skills and critical thinking skills are most important. Being organized allows the arbitrator to manage the arbitral process in a productive and efficient manner. Critical thinking skills facilitate a discerning review of the evidence and arguments and the production of a principled and understandable award. I cultivate these skills by being committed to delivering a fair and efficient process and to making impartial, evidence-based decisions.