Mike Tomeo has been involved in the construction industry since he was a teenager, working for his father's company. His father eventually went into the construction consulting business, and after passing the California Bar, Tomeo decided he wanted to stay connected to construction and work with him in the consulting business. Along with another partner, they operated their own consulting firm for 20 years until it was acquired by the firm he is with now. For more than 30 years, Tomeo has served as a consultant, expert, and project manager on numerous projects throughout the Western United States. In those roles, he has participated as an advocate in countless mediations, representing owners, contractors, subcontractors, sureties, and law firms. His specialty is working through complex construction disputes, and he believes he has been very successful in that arena. Tomeo 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?
After participating as an advocate in construction mediations for decades, I felt that my unique combination of being a licensed attorney and a construction consultant/expert could serve parties well in complex construction disputes, since I have a significant amount of experience in that area that I felt I could leverage to assist parties as a mediator.
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 truly value being able to connect with the various stakeholders in mediation, whether it's an attorney, contractor, owner's representative, claims handler, design professional, scheduling or damages expert, etc. I interact with all these professionals in my consulting practice, which puts me in a strong position to drive cases to settlement, which is extremely rewarding for me and, I hope, for the parties as well.
How has your previous experience as an attorney, arbitrator, judge, or in another professional role shaped your approach to mediation?
In addition to my ADR practice, I'm still actively working on construction projects as a project manager, consultant, and expert witness. This ongoing involvement allows me to understand the technical and legal issues at the core of most mediations and sets me apart from most construction mediators.
How do you approach the mediation process, and what strategies do you use to help parties move from conflict toward resolution?
Because of my consulting and expert witness background, I like to dig into the details of cases and try to understand as much as possible before the mediation starts. I encourage detailed briefs with supporting documentation, will analyze everything provided to me, and typically request more information, so I am fully prepared to address the strengths and weaknesses of both sides. I typically conduct pre-mediation calls with counsel, and if the mediation does not settle, I never give up. I continue to work with the parties to keep whatever momentum was gained during the mediation session until the case settles.
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
As I'm sure most mediators can appreciate, I continue to be amazed at how cases that appear to have no chance of settling magically settle. Earlier in my mediator career, I would suffer from self-doubt in the middle of a mediation that appeared doomed, but with perseverance, creativity, and a genuine interest in all the participants to resolve a dispute, even the toughest cases get settled. To me, that's the beauty of mediation.
Have you noticed any trends or shifts in the use of mediation, the types of disputes, or in parties’ expectations in recent years?
I have noticed a trend in many of my construction delay-related cases of extreme positions where parties and their scheduling experts each believe the other caused every day of delay, and there is no middle ground. As a result, I'm using mediator's proposals more often to break through extreme advocacy, and it has been more successful over the past few years than it was before.
Which skills or qualities do you believe are most essential for a successful mediator, and how have you cultivated them?
Be extremely prepared, listen, and never give up. Understanding the details of the case instills confidence in the parties and avoids wasting time when the session starts. Listening to the parties, no matter how granular, is extremely important not only to give each party a voice, but also because, if you're truly listening, you'll pick up cues and learn things about not only the case but the individuals making the decisions, which can be invaluable. Finally, keep pushing and thinking of ways to keep the parties engaged and avoid an impasse, no matter how difficult it seems. These are skills I have learned over the years and continue to refine and develop.
Outside of your professional work, what activities, causes, or passions are important to you?
I like to spend time with my family and traveling.