How do you choose the mediator for your dispute?
Goat cheese marionberry habanero is one of the latest flavors at a local ice cream shop (shout out to Salt & Straw!). They also have pear and blue cheese, honey lavender, and more. When I was a kid, we had 31 flavors. Now there seem to be that many ice cream shops, and they continue to come up with new and innovative flavors. There is something for everybody.
Just as you have a lot of choices when you crave ice cream, you also have a lot of choices when looking for a mediator. When there are so many mediators to choose from, how do you select the right mediator for your dispute?
Most practitioners want to work with a mediator who is a good fit for a particular dispute:
- Is the mediator knowledgeable in the subject matter?
- Will the mediator relate well to my client?
- Can the mediator deal with my opposing counsel?
- Is the mediator’s style suitable for our dispute?
- Are we going to settle?
Allow me to share a little bit about my mediation style:
Specialize in Mediating Employment Disputes.
I focus my mediation practice exclusively on employment disputes, including discrimination, retaliation, harassment, wrongful termination, wage and hour class actions, and PAGA matters. Before becoming a full-time mediator, I spent more than 27 years litigating employment cases and representing employers. That experience taught me how to identify the factual and legal issues most likely to drive settlement, assess litigation risk realistically, and help decision-makers determine when and on what terms a case should be resolved. It also taught me the importance of maintaining credibility and productive relationships with counsel on both sides. After participating in hundreds of mediations as an advocate, I have now mediated hundreds of employment disputes as a neutral, earning the trust of both plaintiff and defense counsel.
Respect for the Parties and the Process.
A tenet of my mediation practice is to treat all participants with respect. I will treat your client with respect. I will treat the attorneys with respect. And I will respect an attorney's relationship with their client. This is part of my mediation style, as I understand and appreciate the significance of a strong attorney-client relationship when making tough decisions about settlement.
Direct, Even-Handed, and Candid.
The parties deserve a mediator who will listen carefully, evaluate both sides fairly, and speak candidly about the strengths, weaknesses, and risks of the case. I am direct when directness is helpful, but I do not confuse being direct with being unnecessarily confrontational. I pressure-test assumptions, offer candid assessments, and help the parties evaluate realistic settlement ranges. My goal is not to pressure anyone into settling, but to ensure that each side can make an informed decision based on a clear-eyed assessment of the case.
Belief in Self-determination in Mediation.
My goal is to help attorneys and their clients to reach resolutions on their own terms. While I am unabashedly an advocate for settlement, I am not interested in settling a dispute merely to bolster my own track record. My role is to secure a settlement that best serves the parties' interests. I do not subscribe to the theory that a good settlement leaves both sides dissatisfied; I strive for both sides to feel confident that they made the right decision when agreeing to settle.
Persistence in Pursuing Resolution.
If a case does not settle on the day of mediation, my work does not end. I remain engaged with counsel, follow up as circumstances evolve, and continue looking for opportunities to renew settlement discussions. Positions, priorities, and assessments of risk can change over time, and a case that cannot be resolved on one day may become resolvable later. I stay connected and continue working toward resolution for as long as I can be helpful.
Flexible in Mediation Approach.
No two disputes are alike. Parties have different goals and interests. Attorneys have different approaches to settlement negotiations and mediation. Cases often present unique factual and legal nuances. Thus, I adapt my mediation style to align with the wants, needs, and interests of whoever I am working with on a particular day.
Want to learn more about my style? Please find me on LinkedIn. I also am happy to discuss my mediation style live and provide references on request.
