I’ve been litigating my entire career.  Many years ago, while also serving as a Judge Pro Tempore in the Superior Courts, it was apparent to me that the disputants had never even spoken to each other, as they had always been buffered by their agents (who handled them and interpreted for them). Once I was able to get them to talk to each other through me, and encourage a dialogue, the issues were narrowed and then more easily resolved. 

Can you share a memorable mediation experience?

As the Mediator I walked into the first conference room and said, “How much will you take to go home today with a complete resolution?”  They gave me a number.  I then walked into the second conference room, and I asked, “How much will you pay today to go home and be done with this dispute?” Would you believe it, the number was the same.  The entire process took 17 minutes (including signing a form settlement agreement). 

What qualities do you believe are essential for a mediator?

A mediator must have a strong understanding of the subject matter of the dispute.  Without that legal understanding, the mediator would not be able to respond to claimants’ demands nor would the mediator be able to make resolution recommendations (I am a real estate attorney and licensed broker). And equally as important, the mediator must leave his or her ego at the door.  Let the parties tell their stories without interruption.  Even the most vitriolic will eventually run out of steam. Then the solution will begin to take shape.

What do you think is the most common misconception people have about the mediation process?