Live blogging from the SCMA Town Hall Meeting

Lee Jay Berman:  What Makes a Great Mediator:  Brain Storm Session with Attendees

• integrity
• resourceful
• reflective
• etiquette
• diplomatic
• non-attachment
• presence
• tolerance of silence
• spontaneous
• plan
• common sense
• love
• money
• ethical
• insight
• optimism
• intelligence
  • knowledge
  • self-knowledge
  • emotional
  • social
• discernment
• sensible
• mindful
• attractive
• empathy
• timing
• compassion
• open-minded
• charasmatic
• process
• faith
• hope and safety
• ubuntu
• curious
• open-minded

First Panel:  Substance v. Process:  Lee Jay Berman standing; left to right:  Joan Kessler, Jim Lingl and Therese Gray

Jim Lingl

• can resolve most disputes with the proper process
• but when disputes involve people outside the room, need substantive knowledge

Joan Kessler

• any mediator can handle any type of dispute
• legal issues important in litigated cases
• she's evaluative
• she gives bad news to both sides in separate caucus
• she's a former jury consultant

Therese Gray

•  people who come into mediation aren't thinking clearly
• her life experience very important
• attorney students take 3 weeks until they're comfortable
• attorneys are suspicious because she isn't a lawyer
• her negotiation teachers were federal mediators
• it's always about people, not money
• not an attorney - also not a therapist

Herb Katz:  retired judge

• it's up to the lawyers to explain the legal issues

Second Panel:  Myer Sankary at Podium Excitedly Announcing the Neuroscience Seminars Upcoming at the SCMA annual conference.  Left to right:  Sandy Gage, Len Levy, Ken Reed and Alex Polsky

Sandy Gage

• • if can't get out of the pattern that you're in (in a specialty) then you unnecessarily limit your possibilities
  • he got called for insurance bad faith cases because he handled them
  • how did Lee Jay Berman (non-lawyer) become so respected in a field dominated by lawyers
  • trust your instincts
    • do you shudder when you hear about the subject of the case?
    • are you not interested in it?
  • do your homework
    • learn what it's about
    • be prepared to handle the case from a knowledge base
• Len Levy :
  • this is perception of people using our services
  • consumers in construction and employment believe you need subject area expertise in these areas
  •  
• Ken Reed
  • he feels more competent as a mediator when he understands the legal issues
  • he doesn't think it's necessary to be an expert in any subject matter
  • to be effective financially, it is important to be recognized and trusted as someone who knows the underlying subject matter
  • we all learned disputing from our families
  • learned that there are parent experts that would solve the problem (mom and/or dad)
  • when we want a third party to help us resolve our dispute, we're thinking of someone with subject matter expertise -- judge or expert
• Alex Polsky 
  • Alex was told he'd never make it because:
    • he wasn't a judge
    • he was the first non-judge at JAMS
    • now the group is 40% non-judges
    • he represented defendants and plaintiffs would never hire him
    • Topic today is POWER
      • market place power
      • who cares what we think about expertise
      • it's a gateway issue
    • the parties have to EMpower the mediator to handle the session
    • the less subject matter expertise he has, the greater amount of preparation he must undertake
      • briefs
      • pre-hearing calls
    • why are we hired?
      • evaluative
      • competitive
      • with expertise sometimes
      • mediations morph -- they change throughout the day
      • ask them for help without looking weak
      • then you'll get the cases