For the past ten years or so, I have been asked more and more frequently to serve as a mediator or arbitrator. For the most part this has developed the old fashioned way – by word of mouth, repeat engagements, and good results – rather than by self-promotion. In a sense, ADR was a calling that came looking for me. I am deeply grateful to the many plaintiff attorneys, defense counsel and insurers who made it happen.
As my involvement has increased, so has my fascination with and dedication to the process. Having the opportunity to assist in shifting the focus of a case from confrontation, to conversation, and ultimately to conciliation is a deeply rewarding experience which, for me, has never grown stale. I can truly say that I look forward to my next mediation just a little more than the last.
Mediation is about practical realities. About knowing the field from first-hand experience in the trenches. About knowing the venue. About recognizing when a party is about to make a mistake because, after more than thirty years of practice, there are very few mistakes I haven’t visited first-hand.
No two mediations are the same. This is a creative, dynamic process which at times requires the mediator and the parties to step well outside the box. Helping the parties to “solve” their case instead of trying to win it is a challenge and ultimately the goal of any mediation. When that transition is made, it is enormously satisfying for the parties, counsel and, yes, the mediator, as well.
That moment when all concerned become more invested in the solution than the problem is what drives successful mediations and what I urge each of you to strive for in every case. For those of you whom I served before, I look forward to our next mediation. For all of the friends I have not yet met, I look forward to working with you in the future.
Herm has an excellent settlement rate in mediation with outcomes that reflect the true value of the cases at hand.
Since Herm is actively involved in a busy personal injury practice, his knowledge of settlements, verdicts, and issues is both timely and extensive. Beyond that, he has a real interest in the process…and makes the successful settlement of each case his personal goal.