A good mediator needs several things - a good understanding of the law, an understanding of business and how decisions are weighed, a feel for numbers and risk analysis, and perhaps above all, people skills. Good mediators are quick studies, needing to grasp the elements of a case and the essence of the relationship (and barriers) between the parties at the table. Good mediators are patient optimists and tenacious problem solvers.
My background is diverse, which I think helps me understand more about the parties at the table. I grew up in a family clothing business, resigning as the President, from which I learned a strong work ethic and leadership skills that a mediator needs. My mediations can often go into the wee hours to settle, when other mediators may have long since given up.
I worked for a division of a Fortune 100 company, which helped me understand corporate decision-making, risk analysis, and the workplace dynamics of people in a rigorous full-time environment. There I learned the dynamics of high-stakes, high-dollar negotiations, overseeing outside counsel in the drafting of contracts often reaching an inch thick. Later, I was a Vice President at the sixth largest homebuilder in the nation.
I became a mediator in 1993 because I found I gravitated to win-win negotiating. Compared to my colleagues, a considerably larger number of my mediations end with collaborative or merger deals as their resolution. Most entertainment cases I have mediated has ended with a joint press release attached as an exhibit to the final settlement agreement, so the parties can promote the product while announcing that they have resolved their dispute.
I strongly believe that every experience I have had in my personal and professional life goes into making me a better mediator. I teach mediation skills to lawyers and judges through the American Institute of Mediation, because I believe that keeps me fresh as a mediator. My experience and my hope is that one of those tools I have picked up along the way will be the reason that we are able to settle your case when others could not.
For more information on my qualifications and experience, please visit http://www.mediationtools.com/services
Legal and ADR Associations: Charter Diplomat, National Academy of Distinguished Neutrals, 2010-present Charter Diplomat, California Academy of Distinguished Neutrals, 2007-present State Bar of California, Standing Committee on ADR, 2006-2009; Ethics Subcomm.,1998-2000 Chair, International ADR Subcommittee; Legislation Committee, Ethics and Standards Committee ABA Section on Dispute Resolution, National Chair, Training Committee, 2003-2007 California Dispute Resolution Council (CDRC), 1995-present; Board of Directors, Executive Committee, Mediation Legislation Committee, Chair, CDRC Qualifications and Standards Committee, 1997-2003 Member, California Judicial Council drafting committee Rules of Court for mediators Southern California Mediation Association, 1994-present, Chair Courts Committee, 2005 Los Angeles County Bar Association, Litigation, Real Property and ADR Sections, 1994-present Beverly Hills Bar Association, Litigation, Real Property and ADR Sections, 2000-present Mediators Beyond Borders, Charter Mediator Member, 2009-present
Lee Jay Berman is uniquely qualified and experienced in the field of mediation, which leads to his consistently posting resolutions rates over 90% every year. His deep understanding and experience with the mediation process, risk analysis, legal rights and remedies, court systems, negotiation theory, people, and their motivations, are the primary reasons for his being chosen to resolve the most complex legal matters and highly emotional and intractable disputes. Mr. Berman organizes parties and issues into logical, digestible order, and he is a very quick study who rapidly identifies where the conflicts are and in what order they need to be resolved. For this reason, he is frequently engaged to manage the most complex disputes with multiple parties, multiple layers of insurance, cross complaints between all parties, and complex business and financial issues. He is also highly effective where the information is highly confidential, complex or sensitive.
He began as a full-time mediator over 22 years ago, and has successfully mediated over 2,100 matters. He is a on the American Arbitration Association’s elite Master Mediator panel for employment matters, and is a national panelist on AAA’s commercial and construction panels. He is a Distinguished Fellow with the International Academy of Mediators, a Charter Diplomat with the National Academy of Distinguished Neutrals, certified by the International Mediation Institute, and a Dispute Resolution Expert with the United Nations Development Programme. He was Mediator of the Year for the US Bankruptcy Court in California, California’s Daily Journal twice named him “Top Neutral”, Acquisition International Magazine awarded him “Mediator of the Year – California” from 2012-2016, and he has been voted by his colleagues into the Who’s Who of International Commercial Mediation in 2012-2016.
A respected trainer, he founded the American Institute of Mediation, leaving his position as Director of Pepperdine Law School's Mediating the Litigated Case program after seven years. He has lectured and trained at Universities across the U.S., and at Bond University in Brisbane, Australia, and has trained judges, attorneys and business leaders in India, Australia, and throughout Europe and the Middle East.
As an author, he has published numerous articles on mediation, negotiation, ethics, and leadership. Along with his blog Eye On Conflict, the ABA will be publishing two of his books in 2017.
Please see Lee Jay's CV here: http://www.mediationtools.com/documents/LeeJayBermanMediationCV.pdf Lee Jay's Client list can be found here: http://www.mediationtools.com/documents/Client%20List%20Business.pdf