Gerry DeSimone draws on four decades of trial experience to help litigants find common ground

After more than 40 years trying cases throughout California, Gerry DeSimone has found a new calling in helping litigants avoid the courtroom altogether.

A former trial lawyer who represented both plaintiffs and defendants in personal injury, employment, construction defect and habitability matters, DeSimone now devotes much of his practice to mediation. He serves on the Los Angeles County Superior Court's Mediation Volunteer Panel, Resolve Law LA, the U.S. District Court's mediation panel and Ventura County's mediation program.

His transition began decades ago as a volunteer settlement officer for the Los Angeles Superior Court's Crash and VAST programs and accelerated after the pandemic, when court leaders sought experienced attorneys to help address a mounting backlog of civil cases.

"As I have an LLM from Pepperdine Straus Institute of Alternative Dispute Resolution, and I was nearing the end of my time in the Courtroom, I decided to spend more time mediating," DeSimone said.

A member of the American Board of Trial Advocates for nearly 25 years, DeSimone believes his greatest strength as a mediator is the perspective gained from spending decades on both sides of the counsel table.

"I view evidence through the prism of a juror," he said. Rather than telling lawyers how they should view a case, he frames his evaluations as questions, encouraging counsel to consider how jurors are likely to perceive key evidence.

For DeSimone, effective mediation begins with two simple principles: listening and honesty.

"There are two fundamental things that I believe establish trust," he said. "First, LISTEN!" He said he believes mediators who rush to respond risk leaving parties with the impression they were never truly heard. Equally important, he said, is honesty. "I find it imperative to be honest in my views and opinions, while not being too evaluative."

Although he has successfully mediated a wide variety of disputes, DeSimone believes personal injury, employment and habitability cases are particularly well suited for mediation because the costs and uncertainties of trial often outweigh the potential benefits.

When negotiations stall, he reminds litigants that courtroom victories frequently come at a personal cost.

"I observed the pain and anxiety many clients experienced during trial (even when they prevailed)," he said. "I note that the toll frequently does not justify the reward."

DeSimone now conducts dozens of court-appointed mediations each year while maintaining a growing private practice. He also teaches as an adjunct professor at Pepperdine Caruso School of Law, where he encourages future lawyers to develop not only advocacy skills but also the ability to truly listen.

"The ability to serve others and give back to a system that allowed me to have a very emotionally and financially rewarding career" is what he enjoys most about mediation, he said.