Jack Levin

Lawyers and clients need mediators to help them do what does not come naturally. We know it’s wise to find compromise, but it’s not in the litigator’s DNA to try and to stick with it.  A mediator is a trusted stranger, someone new to the dispute and therefore often in the better position to get the parties and the lawyers to do what they would like to do but often cannot.

There’s no single way to mediate. We usually can’t know in advance what a particular mediation will require. Jack doesn’t have a preferred style except to learn what he can as early in the process as possible, preferably well in advance of the mediation session.  He listens, not just to what the dispute is nominally about but also for other factors that may be keeping the parties apart. Every dispute, no matter how sophisticated, involves emotion and resistance. Unless asked to be evaluative, the best mediators don’t dwell on rights. They focus on solutions.

A good mediator also encourages people to consider new perspectives. They need to be shown that offers are not risks. The beauty of mediation is that possibilities can be tried on for size. Mediations are not win-lose events. Mediations do take time, which can be used to advantage. Jack identifies possibilities which the parties don’t always see clearly. He encourages them to see things even just a little differently.

Every arbitration benefits from early organization and active management. While circumstances may require changes along the way, Jack makes sure that deadlines are met. Not a fan of unnecessary work, he encourages emails instead of motions and conference calls instead of emails. The idea is to save time and money and keep things on track. He is very willing to consider dispositive motions but only those that have a good chance of shortening the war.

Arbitration is a creature of contract, and the process truly belongs to the parties, so Jack tends to accept agreements the parties make, including about discovery.  But lawyers have a hard time knowing when enough is enough, or too much. The arbitrator’s job is not to tell lawyers how to try their case, but good arbitrators will inject common sense when they see people taking unnecessary detours.

Even in arbitrations, where his ultimate role is to decide the matter, Jack manages in a way that minimizes distracting conflict and focuses the parties on what really divides them. Many of his arbitrations settle. His aim in every case is to bring the dispute to a just conclusion as efficiently as possible. He understands that clients just want to get on with their businesses and their lives.