their plan to the situation they faced. However, other mediators were nothing more than number-carriers. They did not add any value to the process. I thought by fitting myself into the first category, I could offer parties and lawyers a solid alternative to a jury trial who could help them put the distraction of litigation behind them. As a trial lawyer who represents large companies in a wide range of businesslitigation matters, how has this experience helped you add value to conflict resolution clients and their disputes? By drawing on my 26+ years of litigating complex cases, I am able to paint an explicit picture of the costs, uncertainty, and delay involved in protracted litigation. It is surprising how many parties do not realize (until I talk to them) that there is a monstrous difference between securing a favorable jury verdict and actual collecting money. Prevailing at trial is nothing like getting money out of an ATM. Prevailing at trial means a party has a nice piece of paper entitled “Final Judgment” to hang on the wall. They often face years of expensive appeals and then collection efforts before they realize any benefit from that judgment. I emphasize that through a settlement, the parties have some control over the outcome, whereas at trial their fates are in the hands of 12 jurors whose only qualification is a driver’s license. A settlement also brings closure years earlier than a litigated solution. And a settlement ensures cost control; the parties can stop the costly cycle of discovery, motion practice, and preparing for trial several times as cases get set and reset for trial multiple times before reaching a jury. What type of cases have you worked on, and are you seeing any recent trends in mediation? I have mediated a wide variety of cases, including: employment, non-competes, 38 LAWYER MONTHLY MARCH 2024 By drawing on my 26+ years of litigating complex cases, I am able to paint an explicit picture of the costs, uncertainty, and delay involved in protracted litigation.
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