I have been a practicing business and employment litigator and consultant for almost 35 years and now predominately handle business and employment disputes as a mediator. My interest in ADR work started in college a long time ago, and I practiced in ADR work throughout my career. I take great pride in assisting people to resolve their disputes and move on with their lives.
Q: What motivated you to pursue mediation, and were there personal influences or professional experiences that shaped your path to joining the AAA?
I was involved in many mediations as a practicing litigator and began to believe that I could be a better mediator than the mediators I was hiring. At the same time, I began questioning litigation as the best form of dispute resolution. I also began to consider what it meant to be a peacemaker and ultimately decided that I wanted to serve others as a peacemaker rather than a litigator.
Q: 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?
Ultimately, I value being able to serve the parties and counsel in their dispute resolution efforts. I take pride in shifting considerations from litigation and advocacy to mediation and resolution. I very much enjoy getting parties to see the benefit of resolution and helping them get their dispute resolved.
Q: How has your previous experience as an attorney, arbitrator, judge, or in another professional role shaped your approach to mediation?
For the more-than-three decades I litigated cases, I was also able to remove myself from the process, study it as a whole, and consider the parties, lawyers, judges and others involved. It is not an overstatement to say that I have taken those decades of experience and learned to apply it to my mediation practice. Experience, empathy, understanding, listening, knowing the pressures involved — it all goes into being a good mediator. I have taught myself to be persistent, fair-minded, prompt, responsive, diplomatic, and compassionate.
Q: How do you approach the mediation process, and what strategies do you use to help parties move from conflict toward resolution?
I work diligently, competently, expertly, and with unparalleled preparation, to dedicate myself to the resolution of disputes. My approach combines evaluative analysis with facilitative techniques to uncover shared interests and promote lasting agreements. I have dedicated my career to helping people resolve disputes, serving as an advocate for resolution and closure, and studying, researching, and writing on the topic. Mediation is the only method by which the parties can maintain control of their dispute, and it is the best way to resolve a dispute in a timely, efficient, and cost-effective manner. A good mediator quickly develops trust and is a good listener, sounding board, and traffic cop. A good mediator is a process expert who works diligently to keep the negotiations fresh and the process moving forward. A good mediator uses skills, interjects expertise as necessary, persistently facilitates discussion, and doggedly works to assist the parties in the settlement of their dispute so they can move on to more positive aspects of their lives. A good mediator is persistent and dogged and refuses to quit until all settlement options are pursued fully.
Q: 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
In an employment mediation, the claimant employee was very appreciative that we could handle the mediation online and he did not have to travel to conduct the mediation. The claimant was able to attend the mediation in his own home, and his comfort in his environment led to comfort in the process, comfort for the possibility of resolution and ultimately resolution of the matter. Leading parties to resolution, while sometimes complicated, is always rewarding.
Q: What advice would you give to advocates or parties preparing for mediation—whether in terms of mindset, process, or practical preparation?
Prepare! I am always surprised that some parties and counsel fail to prepare adequately for mediation. It takes some time to pull parties and counsel out of a litigation mindset and replace it with a mediation mindset. Through preparation, parties and counsel can begin this process, and, when done right, a mediation session can start seamlessly with everyone on the same page and ready to work toward resolution. As a mediator, it is my job to assist in this process from the beginning of the retention, not just at the mediation session.
Q: Have you noticed any trends or shifts in the use of mediation, the types of disputes, or in parties’ expectations in recent years?
There is a clear movement away from starting the mediation with a joint session. In some sense, this mimics current culture, where no one wants to be around a person they don't agree with. Done right, though, with proper set-up and preparation, a joint session can be beneficial to all.
Q: Which skills or qualities do you believe are most essential for a successful mediator, and how have you cultivated them?
Active listening and empathy. It is essential that every aspect of the mediation emphasizes the need for listening to all sides and considering all positions. This is a must at the early stages of mediation so that the parties can become comfortable with the process and begin to understand how everyone can move as one toward resolution.
Q: Outside of your professional work, what activities, causes, or passions are important to you?
I have become more religious and active in my Church as I have aged, and Jesus' blessing of peacemakers definitely played a part in my focus on dispute resolution. Otherwise, my family, reading, writing, biking, hiking, fitness and jazz occupy my time.