John Libby brings prosecutor's perspective to mediation

When John Libby joined the U.S. Attorney's Office in Los Angeles early in his career, he viewed his role as extending beyond advocacy.

"As a federal prosecutor, my role was not only to advocate for the United States but also to assist the court and to ensure that justice was served," Libby said in answers to questions from the Daily Journal.

That philosophy now shapes his work as a mediator and volunteer settlement officer for the Los Angeles County Superior Court's Mediation Volunteer Panel and Resolve Law LA.

Libby, founder of LibbyADR LLC, has spent 41 years practicing law, focusing on healthcare and commercial mediation and arbitration, as well as corporate internal investigations.

Before launching his mediation practice, he spent nearly 29 years at Manatt, Phelps & Phillips LLP, specializing in white-collar defense and complex civil litigation. He previously served more than five years as an assistant U.S. attorney in the Criminal Division in Los Angeles.

He said volunteering as a settlement officer is another form of public service.

"I view my participation on the MVP Panel in a similar way -- as a form of service to the court and to the community," he said. "The court's docket is enormous, and while most cases settle before trial, whatever we, as lawyers, can do to help relieve the court's burden is important."

Libby credits experienced mediators he encountered as an advocate with shaping his own approach. Over time, he came to see litigation as "business by other means," with disputes often rooted in broader business problems rather than purely legal disagreements.

"I also came to understand that parties can often achieve goals in settlement that they could not obtain in court," he said.

Building trust begins before the mediation starts, Libby said, through pre-mediation calls and a joint opening session that demonstrates both optimism and a command of the facts. He also believes mediators should resist declaring impasse too quickly.

"I don't believe in 'declaring an impasse,'" he said. "By definition, mediations start with the parties at an impasse, and the mediator's job is to bridge or at least narrow that gap."

One of the biggest obstacles, he said, is attorneys who focus solely on advocacy instead of helping clients reach practical resolutions.

Libby said he believes nearly every dispute is suitable for mediation and encourages attorneys interested in becoming neutrals to volunteer with the Superior Court.

"Definitely do it," he said. "If you haven't gone through mediation training, the 25-hour MVP program is a great place to start."

Today, Libby handles five to seven volunteer mediations annually, primarily commercial and business disputes. What keeps him coming back, he said, is the opportunity to help people resolve conflicts and move forward with their lives while serving the court and the legal profession.