Professional Background
I am a 30-year construction lawyer who has dealt with all aspects of construction -- from contracting to project counseling and follow-on dispute resolution. I have worked on construction projects across the globe, with a particular focus on power, renewables, oil & gas, infrastructure, and vertical construction. While the majority of my career has been with a law firm, I also served as VP, General Counsel & Secretary of one of the largest construction companies in the U.S. I am also an experienced advocate and arbitrator, giving me the perspective of both sides of the bench. I began arbitrating and mediating cases as a neutral more than 20 years ago.
Path to Mediation
I was invited to join the AAA Construction Panel more than 15 years ago and have since been added to the National Construction Panel, the Mega Projects Panel and the ICDR Panel. I also served on the AAA Council for 9 years.
Role as a Neutral
The most rewarding aspect of being a mediator is assisting the parties to reach a resolution that gives them control and certainty in the outcome -- ideally before they spend significant funds pursuing litigation or arbitration.
Legal/Professional Experience in Mediation
My prior service as an arbitrator gives me the perspective of telling the parties how arguments are likely to be received by an arbitrator and, in some cases, what the outcomes might be (good or bad), so that they can fully evaluate the risk and make informed decisions as to what a reasonable resolution might look like.
Mediation Philosophy
I invite parties to share whatever best clarifies the issues—including ex parte submissions—and often hold pre-mediation calls so all sides feel heard. I prefer in-person sessions but can accommodate remote, and I tailor the process to the dispute.
I may suggest negotiation brackets to focus discussions and, if needed, encourage principal-to-principal dialogue to move things forward. When a settlement is reached, I urge parties to document it before leaving.
Memorable Mediation Experiences
I recently settled a case before arbitration or litigation was filed. Although the parties had a number of disputes that were over $20M in total value, they were both motivated to reach an early resolution to avoid a prolonged and costly legal battle. Ultimately, we were able to use the bracketing technique -- plus an end of day principal-to-principal meeting (also including the surety) -- to get it done. The attorneys drafted the settlement agreement, as the principals enjoyed a bourbon from my personal stock to celebrate their successful resolution of the disputes.
Advice to Advocates & Parties
My advice to all advocates is to be realistic with their clients. Advocates should also enter the mediation with a realistic assessment of risk and settlement values. As advocates, we are charged with putting forward our client's "best case." But advocates should not simply drink their own Kool-Aid. They must give their clients honest advice regarding the strengths and weaknesses of their case so that they can fully evaluate and price the risk. Advocates should also be open to the mediator’s input. The mediator is not their enemy (or the judge), and there is no need to argue with him/her simply because the mediator points out a risk or issue with the positions being taken.
Evolving ADR Landscape
Mediation seems to be used more readily -- even in the absence of a contract provision requiring or inviting it.
Personal Qualities & Skills
A good mediator will listen to the parties -- to ensure that both parties feel like they have been heard. If they don't have confidence in the mediator, it is extremely difficult to settle the case. The mediator should also not be afraid to provide honest feedback to the parties, particularly where a party may not be fully considering the risks involved. My experience as an arbitrator over the past 15+ years has given me the knowledge and the gravitas to convey risks to the parties with justifiable basis and support.
Beyond Mediation
I am an avid skier and boater in the summer. I also love spending time with my husband and my children (and my first grandchild). I have also been involved with a number of not-for-profit boards, including GSUSA, Women in Construction, and Professional Women in Construction, to name just a few.