As a mediator, litigator and arbitrator, I have learned over the years that outstanding results can only be achieved through outstanding preparation. The elements of good preparation are both case-specific (rigorous study of the facts and law before reaching any conclusions) and more general (training and experience in the fundamental skills required).
Since becoming an arbitrator, I have served in a range of arbitrations including expedited and regular track cases, commercial and consumer arbitrations, cases with a single arbitrator or a three-arbitrator panel, and both domestic and international arbitrations. As an advocate, I represented both claimants and respondents in arbitrations involving disputes arising from industries such as insurance, health care, financial services, manufacturing, and product distribution.
As an advocate for parties in dozens of mediations over my nearly four decades as a litigator, I learned two important lessons. First, the best mediators came well-prepared and ready to listen actively to the parties' perspectives on the case. And second, the best resolutions came from the mediator and the parties focusing not so much on predicting the outcome of the case in litigation, but on understanding the respective interests of the parties in the broader dispute and crafting a mutually satisfactory solution.
