Q: Could you tell us about your professional background—your areas of practice, how you first became involved in mediation/EDR, and moments or accomplishments you’re most proud of?
I've been a mediator since 1990. In 2019, I developed the original EDR Protocols, now the Guidelines, which have been regularly updated based on lessons learned from mediators applying the process. That same year, I co-founded the EDR Institute with my co-trustee, Anne Jordan, to promote the process. The Institute has trained more than 200 neutrals, lawyers, and judges, and has partnered with the American Arbitration Association to develop the Early Dispute Resolution Mediation Specialty Panel.
Q: What motivated you to pursue mediation/EDR, and were there personal influences or professional experiences that shaped your path to joining the AAA?
I came to mediation as a business litigator and grew deeply disillusioned with the cost and time consumed by pleadings, motion practice, and discovery before parties were willing to seriously consider settlement. I became convinced there had to be a better way to structure dispute resolution so that parties could resolve disputes early, economically, and fairly.
Q: What do you value most about serving as a mediator/EDR specialist with the AAA, and what aspects of the work do you find most meaningful for the parties you serve?
I became an arbitrator with the AAA in 1985 and a mediator in 1990, when I also joined the neutrals panel in the Northern District for Ohio’s pilot ADR project. I conducted traditional mediation until 2023, when I transitioned exclusively to the EDR process. Since then, I have conducted close to 50 EDR mediations. The process is significantly more effective than traditional mediation at resolving disputes at their earliest stages.
Q: How has your previous experience as an attorney, arbitrator, judge, or in another professional role shaped your approach to mediation?
As a litigator, I believed in mediation’s power to resolve disputes, though it often came too late. As I developed EDR, I began applying its principles in direct negotiation to seek early resolution for my clients.
Q: How do you approach the mediation/EDR process, and what strategies do you use to help parties move from conflict toward resolution?
EDR is built on a simple idea: give parties the information they need to make genuinely informed settlement decisions:
- Simplify the dispute to what’s really at issue
- Exchange only the information needed to assess risk
- Use practical, reality-based risk analysis to develop reasonable settlement values
- Negotiate from that foundation, not through posturing
As mediator, my role is to help this happen efficiently by applying the process flexibly to the circumstances of each dispute.
Q: Without breaching confidentiality, can you share a moment or case in your mediation/EDR work that was especially rewarding or that highlighted the strengths of the profession?
When I first began recommending EDR Mediation to every party that retained me, I didn’t know how lawyers would respond. The first time, counsel said they wanted to follow the process and asked, “Why don’t all mediators do it this way?” I’ve heard that many times since; the Institute’s goal is to make it so.
Q: What advice would you give to advocates or parties preparing for mediation/EDR—whether in terms of mindset, process, or practical preparation?
For lawyers: Know your case and be prepared to learn more, pro and con, throughout the process so you can exercise your best judgment in advising your client on settlement. Negotiate for the best result your client can reasonably achieve, but use risk analysis to quantify what’s really at stake.
For parties: Press your counsel not only for a strategy to achieve the best possible settlement, but also for a frank and realistic assessment of the risks you face if you don’t settle.
Q: Have you noticed any trends or shifts in the use of mediation/EDR, the types of disputes, or in parties’ expectations in recent years?
There’s a business consensus that litigation takes too long and costs too much. Businesses will increasingly expect their counsel to pursue early resolution, and to be skilled in it.
Q: Which skills or qualities do you believe are most essential for a successful mediator/EDR specialist, and how have you cultivated them?
Much of this work comes down to common sense: listening to understand, speaking in ordinary language, and treating people with respect. Parties often come to mediation looking in the rear-view mirror at how they’ve been hurt and wronged. I see my role as helping parties, through the EDR process, understand the risks they face, think carefully about how much of that risk they’re willing to carry, and start looking through the windshield to see their future if they reach a fair settlement and put the dispute behind them.
Q: Outside of your professional work, what activities, causes, or passions are important to you?
I teach a seminar on EDR at The Ohio State Moritz College of Law and have served on Toledo City Council, the Toledo School Board, the initial Ohio Casino Commission, and co-chaired the Police Reform Committee. I also serve on the Board of Governors of Shalem College in Jerusalem.
Resume
To learn more about Peter Silverman’s professional background, view his resume.
You can search the panelists in Mediator Search to find the links to their resumes.