Former trial lawyer James Fitzgerald focuses on respect and resolution in mediation

James E. Fitzgerald says the most effective mediators are the ones who know how to listen.

After 46 years practicing law, including decades handling business litigation, insurance and reinsurance disputes, and professional liability matters, Fitzgerald now devotes much of his time to mediation through Fitzgerald Legal Consult, P.C. He also volunteers with the Los Angeles County Superior Court's Mediation Volunteer Panel, or MVP, which was launched to help ease mounting civil caseloads by offering free mediation services to litigants.

Fitzgerald's involvement with court-connected mediation stretches back decades. He previously participated in the Los Angeles Superior Court's JASOP Mediation Program and served on the board of the Los Angeles County Bar Association's Center for Civic Mediation. He also continues to volunteer with the Central District federal court mediation program.

"I found that work to be rewarding and interesting, as well as providing another way for me to give back to the community and contribute to the legal system in Los Angeles," Fitzgerald responded to questions from the Daily Journal.

Over more than 500 mediations as an advocate, Fitzgerald said he observed firsthand what separates effective neutrals from ineffective ones. The lesson he carried into his own mediation practice was straightforward: Parties need to feel heard.

"The most important thing a mediator can provide to the process is the ability to listen, to give all participants the opportunity to speak, voice their views and encourage them to listen to each other," he wrote.

Fitzgerald believes successful mediation also depends on maintaining a respectful and calm atmosphere while helping litigants move beyond the "win-lose" mentality that often dominates litigation. Instead, he encourages parties to focus on practical resolution and compromise.

"The goal is to have both sides understand that the only way to 'win' is to get a resolution," he explained.

Since joining the MVP panel two years ago, Fitzgerald has conducted roughly 20 to 25 mediations annually for the Los Angeles Superior Court, in addition to mediations for the federal court. Most of those sessions have been conducted remotely over Zoom, and Fitzgerald said he has found virtual joint sessions especially valuable because they allow parties to see one another and begin building rapport early in the process.

Fitzgerald described patience, creativity, and active listening as essential mediation skills, particularly when parties are resistant to settlement or deeply entrenched in litigation positions.

"What I find most rewarding is helping people get resolution of their disputes and move on from the emotional turmoil disputes usually create," he wrote.

Learn more about the Superior Court of Los Angeles County's Mediation Volunteer Panel and view mediator profiles at www.lacourt.ca.gov/ADR or scan the QR code. MVP mediators volunteer to coordinate and conduct three-hour mediations at no charge for cases referred by the court.