Craig Breitman brings decades of trial experience to mediation

After more than four decades as a litigator, Craig R. Breitman has found a different kind of courtroom challenge: helping parties resolve disputes before they reach trial.

Breitman, founder of Breitman Resolutions Inc., joined the Los Angeles County Superior Court's Mediation Volunteer Panel two years ago after years of participating in Resolve Law LA. He said volunteering has allowed him to expand his alternative dispute resolution practice while continuing to serve a court system that shaped much of his legal career.

"I think I understand the challenges of trial, the cost, the time, and why a case needs to be tried versus finding a path to resolution," Breitman said.

His practice focuses on personal injury, property damage, habitability, and product liability matters, and he estimates he has conducted more than 75 mediations through the Superior Court's volunteer program. While the work helps attorneys resolve cases, Breitman also views it as an opportunity to introduce litigators to his private mediation practice.

Drawing on 44 years as a trial lawyer, Breitman said he strives to avoid the techniques he disliked encountering as an advocate.

"I will not do things as a mediator that I did not like when a mediator did such with me as counsel," he said.

Breitman said he believes the key to effective mediation is realism. He encourages lawyers to prepare clients for compromise before arriving at mediation and cautions against extreme opening demands or offers that can derail negotiations before they begin.

"I rarely care about where the parties start," he said. "What is important is where they end."

Rather than forcing settlements, Breitman said he views mediation as a process of understanding why parties remain resistant and helping them evaluate the risks of continuing to litigate. If resolution proves impossible, he is comfortable concluding that some cases simply belong at trial.

His years as a mediator have reinforced the value of listening over lecturing.

"Mostly listen more, talk less. Ask questions," he said.

Breitman also encourages attorneys to volunteer with the court's mediation programs, even if they have no intention of becoming full-time neutrals.

"There is learning from the process that will help you in your litigation practice and to help you settle your cases in the future," he said.

Although he still handles complex personal injury disputes, Breitman said mediation offers a different pace than litigation.

"Compared to a litigation practice," he said, "I sleep better."