Page 10 - Los Angeles Vol 5 No 4

LARS C. JOHNSON | Alternative Dispute Resolution
Five Important Lessons I Learned in My First Year as a Mediator
Introduction
I just wrapped up my rst year me- diating civil cases. Before I became a mediator, I spent many years in the trenches handling a broad range of personal injury, consumer and in- surance litigation matters. Having participated in dozens and dozens of mediations as a lawyer, I thought I had seen it all. I thought I thoroughly understood the process. I thought I had it down. But in many ways, I was wrong.
Somewhat counterintuitively, law- yers do not spend nearly as much time and energy developing “media- tion skills” as they do with other as- pects of litigation such as taking de- positions or trying a case. I say “coun- terintuitively” because, while few cases go to trial and most depositions have little to no impact on the case outcome, the vast majority of cases go through some sort of mediation process and o en settle in mediation. One would think there would be a
wealth of seminars, clinics and writings about mediation skills, though there is not.
Developing a good understand- ing of mediation dynamics and being able to deploy e ective strategies in connection with mediation is as im- portant as anything you do as a civil litigator. is article addresses ve important lessons I learned in my rst year as a mediator.
Maintaining a Positive, 1 Open Relationship with
Opposing Counsel is the Best Way to Maximum your Outcome.
Litigators are a tough breed. ey deal with emotional issues and high stakes matters, o en under extremely demanding conditions with some- times unrealistic expectations. It is no wonder then that, from time to time, tempers are and communica- tion devolves to verbal combat. When things turn really bad, there is rarely a chance to recover.
While some have been taught that being combative or confrontational with opposing counsel is an e ective way to achieve a good outcome, in fact, the opposite is more o en true. e pattern I see in mediation is that the lawyers who treat their opponents
with respect and dignity achieve the best outcomes. My biggest settle- ments to date—several in the eight- gure range—have involved lawyers who clearly admired and even liked each other. On the other hand, I have seen plenty of negotiations derailed by personal attacks and animosity.
What you do Before 2 Mediation is Often
More Important than the Actual Mediation.
Lawyers tend to procrastinate be- fore mediation, slapping together a mediation brief at the last minute and then showing up at the mediation, planning to ll in gaps when they get there. is is a common and very big mistake. ere are several reasons why this is a bad idea.
For one thing, if you wait until the eve of mediation to prepare, you may nd that something important to evaluating the case is missing. You may not have up to date lien informa- tion or fully understand your client’s medical prognosis, for example. It may be too late to use the information at mediation. is can jeopardize the whole process.
Lars Johnson is a neutral for Signature Resolution, mediating a wide range of civil cases including those related to personal injury, property damage and insurance disputes. A graduate of Georgetown University and Loyola Law School in Los Angeles, he has served in the United States Navy Judge Advocate General’s Corps as both trial and appellate counsel and later worked in private practice representing plaintiffs in high-pro le and high-stakes trials. Johnson was a three-time nalist for CAALA’s Trial Lawyer of the Year award. He was also one of the youngest mem- bers ever admitted to the American Board of Trial Advocates.
ATTORNEY AT LAW MAGAZINE · LOS ANGELES · VOL. 5 NO. 4 10