Still learning: Leonard Levy says every mediation is a lesson

After hosting more than 70 episodes across seven seasons of his Masters of Dispute Resolution podcast, longtime neutral Leonard S. Levy says he's still learning.

"I've talked to an awful lot of mediators," Levy said with a chuckle. "I have the opportunity to be educated, and I find it a great benefit to myself. ... As I sit here today, I'm probably a much better mediator than I was five years ago."

Levy left more than three decades of litigation and trial work in 2006 to become a full-time neutral. He joined ADR Services Inc. in early 2008, and today about three-quarters of his practice is devoted to mediating employment, personal injury, real estate, medical malpractice, and construction disputes.

"I'm really a generalist in a big sense," he said. "And I'm happy to do almost anything."

He also serves as an arbitrator, a role he approaches with strict neutrality.

"I am going to analyze the evidence, and I'm simply going to call things as I see them," he said.

The podcast began in 2021 as a marketing effort designed to "get my name out there." Early episodes focused on mediation techniques before evolving into conversations centered on memorable cases.

"Then I hit upon, 'Wait a minute. What people really want to hear are stories,'" Levy recalled. "I mean lawyers are tremendously interested in war stories. ... And so, the current idea of the podcast is, 'If you have an interesting story as a mediator, then I want to hear it.'"

Levy said interviewing fellow mediators has made him a better listener and sharpened his ability to identify the issues that truly drive a dispute.

"It's the ability to discern that one thing - well, it may be a couple of things," Levy said, chuckling again. "But the ability to discern that is, I think, my real strong suit."

His philosophy has also evolved over the past two decades.

"When I first started out, it was, 'Okay, we have a litigated matter, and let's settle the case,'" Levy recalled. "But now I try to see if there is something beyond settling the case that's real - that the parties really need."

In family business disputes, for example, he has found particular satisfaction in helping repair damaged relationships.

"I look at it from the standpoint of, 'Let's see what everyone's interests really are,'" he explained, "and see if I can help them come to a resolution that satisfies everyone's interests to the extent possible."

Levy said asking probing questions is central to that process, particularly about the consequences of failing to settle.

"I try to get the parties to really appreciate what the alternatives are likely to be and those questions a trier of fact might have," he explained. "So, before the parties spend all the money and energy and time litigating the matter, let's put that energy into seeing what we can do to maximize the end result for the parties."

He also works to help attorneys tailor their advocacy to the people they are trying to persuade.

"The audience is not necessarily me. The audience is the other side," he explained. "You're trying to persuade the other side to come closer to what you want. ... So, it's a different kind of advocacy, and I try to subtly coach the attorneys about what might be an effective argument based on what they're telling me."

Los Angeles litigator Francis S. Ryu, who has retained Levy in about 10 commercial disputes and is a "Masters of Dispute Resolution" listener, said Levy's decades as a trial lawyer distinguish his work as a mediator.

"He understands the dynamics of the parties and the law. He just understands the nuts and bolts," Ryu said. "Having been a trial lawyer for so long, he brings a pragmatic, real-life approach."

Ryu said Levy is particularly effective at candid conversations that help clients recalibrate unrealistic expectations.

"He's talking to the client, saying, 'Look, I understand what you want, but ... how are you going to get there?'" Ryu explained. "So, in a way, he's able to get the client's expectations under control. ... He makes the client understand, 'Yes, you may want X amount of dollars, but in order for you to even get close to that, you're going to have to spend Y amount of dollars. And what's your return on investment? What do you think the likelihood of that would be?' I think that's very valuable for the client to hear."

San Gabriel litigator Gene H. Shioda has used Levy to resolve five contract and property disputes and said the mediator's communication style encourages openness rather than defensiveness.

"Len is very attentive, and he listens first then speaks," Shioda said. "A lot of lawyers at mediation are guarded, but Len's a type of mediator that if you're fully transparent, explaining to him your goals, he will listen to that and try to effectuate those goals to the best of his ability."

Pasadena litigator Yuk K. Law recently selected Levy to arbitrate a weeklong sexual assault case and described him as "a very professional, easy-going person with a really nice demeanor."

"He's very easy to work with," Law said. "He was very fair, very respectful to both parties - even though the issues were pretty sensitive. ... Len really handled things well and kept everybody cool headed."

Law also praised Levy's command of the legal and factual issues.

"He understood the law and learned both sides' theories and factual allegations quickly," Law explained. "And he was pretty prompt in issuing an arbitration finding and award."

Looking back on his years as a neutral, Levy recalled mediating a dispute between two estranged musicians who had once been close friends and business partners. After the case settled, the men embraced for the first time in years.

"That's an example of getting a case resolved, but also ending the conflict, and you don't get that in litigation," Levy said. "Litigation is where you have one unhappy party and one more unhappy party. It's not a fun, recreational activity. ... Neutral work is so much more creative and fulfilling from a standpoint of really helping people who are in conflict and that remains so true for me today."

Here are some attorneys who have used Levy's services: Francis S. Ryu, Ryu Law Firm; Gene H. Shioda, Shioda Langley & Chang; Yuk K. Law, Law + Brandmeyer LLP; Matthew B. Biren, Biren Law Group; Niv V. Davidovich, Davidovich Stone Law Group LLP