Mediator Richard M. Segal enjoys diving into the math of a case.
"'What is the likelihood you're going to win on this argument? What's your best-case scenario? Is it worth X dollars to you to have a judge or a jury tell you that you're right?'" Segal said, offering some examples of questions he asks litigants during mediations. "Focusing parties on the math as opposed to whether their position is righteous or not righteous can help bring parties together pretty dramatically."
A 1991 Harvard Law School graduate, Segal worked for 28 years as a business litigator, defending clients in securities, corporate, complex contract, employee benefits and Americans with Disabilities Act cases.
Segal joined the ADR Services Inc. roster of private neutrals in September 2023, and he's since been mediating commercial disputes.
"What I really enjoy about mediation is going into someone else's case and helping them solve their puzzles, helping them see things they may not be seeing," Segal said. "Concepts of right and wrong are amorphous. They're relative, and they're subject to interpretation. But math is absolute. ... People's financial interests may be different, but actual math is the same for everyone. And if we can be talking about math, it can help bring parties a long way towards each other and into a zone where resolution can happen."
Before his mediations, Segal likes to receive briefs from all the parties and speak over the phone with counsel. Segal said he wants to be as well versed in the details of the case as possible.
"It's the details that caused the dispute in the first place, and it's the details that are going to help resolve it," he said.
On the day of mediation, Segal likes to begin with introductions, but he prefers to keep parties separate, and he'll adjust his discussion about process to fit the litigation experience he encounters in each room.
"The level of detail differs, based on whether it's the 15th time somebody's been in a mediation or if this is the first time they've ever done it," Segal explained.
Beverly Hills litigator Kevin J. Cole used Segal recently as a mediator in a commercial dispute involving a large telecommunications client, and Cole said he appreciated how the neutral hit the ground running.
"My client was extremely sophisticated, ... and didn't need somebody telling them, 'Hey, this is what mediation is. This is your chance to resolve it.'" Cole explained. "In fact, my client actually would have been very frustrated if Richard had started off that way, and he didn't. ... He really dug into the merits. Not only had he read the mediation briefs, but he read the underlying contract, and he dug into it in a way that I honestly don't really see with other mediators."
Segal noted that while he makes a focused effort to listen to the parties early and wants to hear from them about the case details, he will move into a more evaluative strategy when the timing is right.
"Generally, the parties want to know what I think as a third-party neutral," Segal explained. "What are the things that I - as a former defense lawyer - would be worried about if I were representing this defendant? And if I'm in the plaintiff's room, what would I do as a defense lawyer to try and knock you down? Where are the weak points that I would identify in your case?"
Cole said Segal's evaluative approach had a substantial impact.
"He hit on a certain issue really effectively that right away actually resulted in my client conceding and shaving off like a $100,000 from [our] demand," Cole recalled. "And he didn't do that by saying, 'Litigation is expensive,' but by actually understanding the case and pointing out issues in the underlying contract, which again, showed a level of sophistication and experience I don't typically see from mediators."
Newport Beach litigator Michael F. Sitzer used Segal recently to resolve a corporate shareholder dispute involving wrongful termination claims and was impressed by the mediator's no-nonsense approach.
"He didn't play games," Sitzer said. "Some mediators, they kind of hide the ball or they create a little drama here or there to get parties to move. They use devices. He didn't. He was just straight ahead and very transparent, which I appreciated."
Sitzer described Segal's demeanor as very calm and friendly, but like Cole, Sitzer said the mediator dove quickly into productive areas of negotiation.
"Clients don't like this kumbaya kind of stuff - these long speeches from mediators about how much it's going to cost them and how awful litigation is and how unpredictable. The lawyer should be telling them that." Sitzer said. "And I think that's how Richard approached it: 'You guys do your job. I'm going to do my job, and my job is to get a deal done.'"
Segal mentioned several times that he enjoys the puzzle solving aspects of mediation and that proposing fresh perspectives is an integral component of his resolution strategy.
"I can point out the things they should be looking at, offer up the alternative view," Segal said. "Because parties - and sometimes lawyers, frankly - get very wrapped up in their own view of things, and they don't necessarily see the other side."
Encino plaintiffs' attorney Frederick D. Chernoff used Segal recently to resolve what he described as "a heavily litigated" civil rights case, and he said the mediator helped both sides to "see reason and find some common ground."
"It was basically an impossible case to settle," Chernoff said. "But he helped us get there."
Chernoff added that Segal was a great communicator, operated efficiently and was easy to bring up to speed on the case details.
"He connected well with me as an attorney, and he connected well with my client - both in terms of listening to their story and appreciating it but also pointing out in a very experienced way the weaknesses in the case they should be mindful of," Chernoff said. "And I don't know what he was doing on the other side, but I know he had his work cut out for him. And he clearly moved mountains to get them to come to the table."
Here are some attorneys who have used Segal's services: Kevin J. Cole, KJC Law Group APC; Michael F. Sitzer, Sitzer Law Group PC; Frederick D. Chernoff, Law Office of Hakimi & Shahriari; Timothy R. Hanigan, Lang, Hanigan & Carvalho LLP; Armen G. Mitilian, Mitilian Law Group.