In 2015 I founded a Seattle-based Alternative Dispute Resolution firm (ADR). “ADR” most commonly refers to mediation or arbitration, dispute resolution mechanisms that usually occur independent of court systems. With mediation the parties retain decision making control and the mediator is an impartial figure whose primary power is that of persuasion. Arbitration is in essence a private trial before one or three arbitrators whose decision is usually binding upon the parties. For reasons of retained party control, confidentiality, comparatively low cost and ease of scheduling, mediation is much more common than arbitration. Other ADR processes include special discovery master and neutral case evaluation services.
Who in their right mind starts a business in their late 60s and what qualifies me to launch an ADR enterprise? Certainly not a surfeit of cash. Having survived a pointlessly expensive divorce from, yes, another lawyer, the timing couldn’t have been worse financially. However, what I did have was more than 25 years of experience successfully mediating or arbitrating several thousand civil cases of virtually every description other than, you guessed it, divorce. Most of my ADR experience occurred during long consecutive affiliations with two ADR service providers: Washington Arbitration Mediation Services, Inc. (WAMS) and as a principal at Judicial Arbitration And Mediation Services (JAMS). JAMS is arguably the largest ADR provider in the country based upon annual revenue.
Working mostly in Seattle and elsewhere in the Pacific Northwest and Alaska, last year I believed that the ADR market was in need of a new ADR service provider. The most respected panel members at WAMS were nearing retirement and other local providers largely featured retired judges, most of whom were unable to penetrate the market. In addition to ADR firms the regional ADR market is heavily populated with independent mediators, most of whom have come from insurance defense law practices. These days it seems as if every attorney in their 60s wants to be a mediator. However, the phrase “many are called but few are chosen” is especially applicable to mediation, a career that is reputational and one that requires, among other things, relentless energy.
At Pacific ADR we are building a small panel of elite attorney mediators/arbitrators, each of whom has a passion for ADR in addition to very successful legal careers. In addition to having diverse subject matter expertise, the Pacific ADR panelists have the people skills necessary to navigate the many different personalities and, these days, cultural backgrounds that one regularly encounters at the negotiating table. Our panel members are known for their preparation, commitment to best mediation practices and, when necessary, determined follow up after mediation sessions to achieve resolution.
All of us feel very lucky to do what we do. Unlike many other aspects of the law, it is very satisfying to help individuals and public and private institutions settle disputes that at first may appear impossible to resolve. Years of experience has shown that there is usually a path to resolution in every actual or threatened lawsuit, although it can certainly be a wild ride to find it!
Anatomy of a Startup:
The Birth of Pacific ADR Consulting, LLC
By Gregg Bertram M.A., J.D., LL.M.