Practical

It is essential that every mediator be fair and impartial.  It is important that they be experienced, knowledgeable and willing to listen.  It is also important that a mediator be able to communicate a practical point of view and practical considerations to the parties.

My pragmatism comes from my work in the judicial system as a law clerk and as a seasoned litigator with over 25 years of experience.  In the early days of my career serving as a law clerk, I witnessed lawyers and parties walking confidently out of oral appellate argument only to later learn that their position had been rejected on appeal.  As my career has progressed as a litigator and trial attorney in routine and complex litigation, my pragmatism has also been finely honed by unexpected results at trial and on appeal.

Having won and lost gives me the ability to speak to the parties from a practical point of view and to speak to them about practical considerations.

Pragmatism for the plaintiff may come from hearing about the factual or legal weaknesses in their case (points their attorney advocates may not be able to effectively communicate.  Pragmatism for the defendant may come from hearing about the practical and real risks they face in going to trial.  Pragmatism for commercial litigants may come from being asked the importance of maintaining a business relationship with the opposing party.

My approach is to use my skills and hard-earned litigation experiences to help the parties focus on the points which will lead them to a pragmatic resolution of their dispute.

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