Perspective, Alternative Dispute Resolution

Having worked as a trial lawyer in complex and sensitive cases for over forty years, I bring to my work as arbitrator and mediator the attention to the understanding of facts and the importance of factual argument and development that I regard as the hallmark of the best of American jurisprudence. At the same time, I have been a business lawyer, always reporting to clients for whom dispute resolution is part of a business process.

I see arbitration as the means by which sophisticated business parties can essentially privatize the system of justice. The goal is to achieve the resolution of complex business and financial problems in an economic and speedy fashion that still produces a more predictable, fairer and just result than civil litigation. I believe that it is the arbitrator’s job to understand the reasons as to why the parties chose arbitration, and ensure that those objectives are fulfilled.

A successful mediation of a complex dispute ultimately comes down to each of the parties concluding that a consensual resolution is in that party’s self-interest. It is the role of the mediator to help the parties find a resolution, which includes suggesting and exploring creative possibilities, while making certain that each party understands the benefits of resolution and the risks involved in continued litigation.