Michael Fitzpatrick retired from the Wisconsin Court of Appeals after serving as an appellate judge for three years and previously spent nearly a decade as a Wisconsin circuit court judge, where he presided primarily over civil cases. Throughout his judicial career, he earned a reputation for his impartial, thorough, and practical approach to resolving disputes. As both an appellate and circuit court judge, he authored numerous well-regarded opinions that helped develop and clarify important areas of civil law. Before joining the bench, Fitzpatrick built a distinguished career as a trial lawyer, representing businesses and individuals in lengthy, complex, multi-party cases in state and federal courts across the country. He also served as national trial counsel for several companies. Since becoming a full-time neutral, he has worked with many of the nation's largest law firms, as well as numerous midsize firms. Fitzpatrick 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?
As a judge, I conducted hundreds of jury trials and bench trials, presided over countless evidentiary hearings and summary judgment motions, and wrote opinions in hundreds of appeals. With that background, I was motivated to work with AAA to assist parties and attorneys in the fair and efficient resolution of complex disputes.
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?
I serve on the following AAA panels: Large Complex, Judicial, Commercial, Employment, Construction, and Healthcare. I value AAA's efficient and impartial rules and processes for the just resolution of disputes. I understand that thorough preparation is vital and that details are important in mediations. I am always prepared at the mediation to discuss the legal and factual aspects of the case to assist counsel and the parties in crafting practical and equitable solutions.
How has your previous experience as an attorney, arbitrator, judge, or in another professional role shaped your approach to mediation?
I have a broad range of experience as a judge presiding over complicated cases, often involving millions of dollars. That broad range of experience, along with my substantial experience as a trial lawyer, allows me to assist attorneys and parties in finding a resolution to their dispute. I have spoken with hundreds of jurors after they served in my courtroom, and I have been the finder of fact in hundreds of bench trials and arbitrations. With that experience, I considerately and effectively communicate insights into how jurors and the judge will likely view issues if the case continues. With my background as an appellate court judge, I also provide practical perspectives on a party's prospects on appeal. These insights are presented as a positive for the parties because my perspectives allow them to assess risks and likely outcomes in a clear-eyed and reasonable manner.
How do you approach the mediation process, and what strategies do you use to help parties move from conflict toward resolution?
With more than 40 years of experience as a trial court judge, Court of Appeals judge, and trial lawyer, I have successfully mediated more than 250 settlements in complex, large-dollar disputes. My approach to mediation is as a consensus-builder through patient methods, with judicial insights tailored to the specific needs of each dispute. I listen carefully to the parties and their counsel and then assist the parties in broadening their perspectives toward a practical and solid settlement that avoids the risks and uncertainties inherent in litigation.
Have you noticed any trends or shifts in the use of mediation, the types of disputes, or in parties’ expectations in recent years?
When choosing a mediator, attorneys expect a mediator to be transparent about the mediator's schedule and availability, and I do that by maintaining an up-to-date calendar on my website.
Which skills or qualities do you believe are most essential for a successful mediator, and how have you cultivated them?
I have thousands of hours of experience as a mediator, as a trial lawyer, and as a judge presiding in a courtroom. I have conducted multi-day, large, complex trials and arbitrations and written hundreds of appellate opinions. I bring that experience and those skills to the mediation process to help parties resolve complex disputes. Patience with the mediation process is important, and I tenaciously but politely continue to focus the parties toward settlement. Early on, parties often express views about settlement that appear irreconcilable. Parties frequently need time to process and absorb ideas and information introduced by the mediator. A party's viewpoint at the start of the mediation can reasonably change such that the party has a different perspective later in the mediation.
Outside of your professional work, what activities, causes, or passions are important to you?
I am an elected member of the American Law Institute and currently serve on the Members Consultative Group for the Restatement (Third) of Torts. I continue to give presentations to judges and attorneys on various areas of the law. I also continue to serve as the judicial editor of the Wisconsin State Bar publication on the rules of evidence. I continue to run for exercise and compete on the track and cross-country teams at Drake University, where I was twice an individual Missouri Valley Conference champion.