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.
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 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.
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?
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.
Q: How has your previous experience as an attorney, arbitrator, judge, or in another professional role shaped your approach to 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.
Q: How do you approach the mediation process, and what strategies do you use to help parties move from conflict toward resolution?
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.
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
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.
Q: What advice would you give to advocates or parties preparing for mediation—whether in terms of mindset, process, or practical preparation?
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.
Q: Have you noticed any trends or shifts in the use of mediation, the types of disputes, or in parties’ expectations in recent years?
Mediation seems to be used more readily -- even in the absence of a contract provision requiring or inviting it.
Q: Which skills or qualities do you believe are most essential for a successful mediator, and how have you cultivated them?
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.
Q: Outside of your professional work, what activities, causes, or passions are important to you?
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.