Arbitration, in the commercial context and in the consumer / employment context, has become increasingly controversial in recent years. I am an experienced arbitrator. I have taught arbitration at SMU and Pepperdine for years. I am here to tell you that you can make arbitration work for you and your client. It’s up to you. It’s up to the rules you adopt. And it’s up to the arbitrator(s) you select.
For years I have been making CLE presentations where I wag my finger at you lawyers and say, “shame, shame on you, for not sending me appropriate pre-mediation submissions”, or otherwise not helping me prepare. A few weeks ago I had an epiphany. I need to start being more aggressive about my desire to be prepared. I need to contact you, not sit back and wait for you to contact me.
It’s working. In the past several weeks I have been diligent in trying to set up calls with lawyers in advance of mediations. Written submissions, pleadings, etc. are still welcomed and encouraged. But if you confirm a mediation with me, expect to receive a phone call from me. A chance to have a 20 minute conversation over the phone with counsel is always helpful. I’m better prepared. You will be better prepared. This more aggressive approach is producing more settlements.
What Kind of Cases Do I Mediate?
Yours. I don’t mediate family law matters, but I have a huge amount of respect for advocates and neutrals who practice in this area. In mediating well over 3,000 cases in the past 20 years, I have a substantial amount of experience in employment, construction, IP, injury, civil rights, contracts . . . I could go on an on and it would be a fair representation of my experience.
Every mediation deserves my preparation (and yours), and my experience.