Rob Bare has over 37 years of legal experience as either a trial court judge, trial attorney, administrative hearing attorney, and appellate attorney. During his years as District Judge, he handled a fully diversified docket of civil law matters, with an average of approximately 1,500 cases at any given time. He also presided over 52 civil jury trials of lengths varying between approximately one week and approximately six weeks. Also conducted approximately 25 bench trials. He handled thousands of motions in the civil law arena, including: Motions to Dismiss, Motions for Summary Judgment, Motions In Limine, Motions for Attorney's Fees and Costs, and all other conceivable civil motions. He presided over multiple high-profile cases, including a six-week business law trial that received live gavel-to-gavel coverage on local media and 140 outlets throughout the world.
We asked him how his expertise informs his approach on the American Arbitration Association® Mediation Panel.
What motivated you to pursue mediation, and were there personal influences or professional experiences that shaped your path to joining the AAA?
Served as a Volunteer Mediator while a judge for the 8th Judicial District Court Civil Mediation (Settlement) Program. Volunteered to mediate approximately 75 matters, which usually lasted one full business day each, and involved the civil law areas described above. Presided over approximately 25 civil bench trials to conclusion. Other than the more stringent application of evidentiary rules and procedures, these in many ways are philosophically tantamount to arbitration proceedings, in some ways, therefore worth mentioning here. In addition, I have mediated approximately 35 mediations both privately and for the AAA over the past five years.
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 enjoy putting the appropriate time and effort into understanding both the factual predicate to the case and the applicable law to be applied. Once I have this understanding, in the private mediation session aspect of the procedure, the colloquy with counsel and the parties devoted to key practical elements to consider relevant to the ultimate settlement is what I find to be the best part of the mediation experience.
How has your previous experience as an attorney, arbitrator, judge, or in another professional role shaped your approach to mediation?
Experience is the best teacher. I've learned something in each and every of the over 100 mediations I have now conducted.
How do you approach the mediation process, and what strategies do you use to help parties move from conflict toward resolution?
Settlement is a goal, as all parties are there in good faith. As ultimate settlement is normally a business decision, true meaningful factors to actually consider are the best strategy.
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?
Oftentimes, especially when there is a prevailing party attorneys' fees and cost provision in the parties' contract, spending time shifting to that aspect of practical exposure has turned the tide.
Have you noticed any trends or shifts in the use of mediation, the types of disputes, or in parties’ expectations in recent years?
There seem to be more and more business breakups with complex issues and allegations of fraudulent activity.
Which skills or qualities do you believe are most essential for a successful mediator, and how have you cultivated them?
Positive demeanor throughout the process. Show the parties through actions that you actually care.
Outside of your professional work, what activities, causes, or passions are important to you?
Outdoor adventures involving a Jeep.