Mediator Spotlight: Meet Myer Sankary
What inspired you to become a mediator, or what inspired you to create MCLA?
I was drawn to alternative dispute resolution (ADR) because I felt I could get better results for my clients than by going to trial. That was the right decision for me. Mediation was less stressful and more personally rewarding by helping people settle disputes and, on some occasions, restore broken relationships between family members and business colleagues.
I went to my first training course in mediation at Pepperdine in 1996 and bonded with Peter Robinson on a training mission to the Oasis of Peace in Israel. As past president of SCMA, I was also inspired by the mediation community that I found to be supportive and welcoming to others.
I was inspired to start MCLA in 2013 when the Court terminated its entire ADR program due to severe budget cuts. Another mediator, Milan Slama, and I approached Adam Grant of the SFVBA to support the creation of a non-profit organization that would provide low-cost, high-quality mediators to settle litigated disputes. I invited several of my attorney-mediator colleagues to join the small panel, and we slowly began to receive some cases. Fortunately, one of our board members, who is an outstanding mediator and generous philanthropist, provided some necessary funding for our small operation. Everything changed after we were awarded the contract with the LASC to provide online mediation in 2018. Our mission to provide high-quality mediators at affordable costs was inspired by the tremendous need to fulfill the mission of the court—to provide access to justice to all and to provide a speedy, efficient, cost-effective resolution of the dispute. With the addition of Ben Root as our Executive Director, we are well on our way to spreading the word about the benefit of our services for both clients and new mediators.
What do you believe are the best practices for preparing for a mediation session?
Carefully evaluate your case and develop a theme (which may change over time) about how to describe the case and its effect on your client in a short opening statement. This will focus your attention first on your client’s needs and objectives. Then, the attorney must evaluate the opposing evidence and be prepared to respond. Lawyers should clearly explain to their clients not only the hoped-for benefits but also the costs and downside risks if a judge or jury rules against them. Evaluate the ability of your client to communicate effectively their story. There is a process for preparing for a mediation which I call Mediation Advocacy. I am working on a 5-session program for lawyers to participate actively in improving their mediation advocacy, which can be just as important as trial advocacy. From hindsight, after a less than hoped-for outcome at trial, you and your client may regret not having accepted the last best settlement proposal. A well-prepared lawyer should not miss a chance to settle the litigation on terms that are reasonable and fair for both parties.
The most important recommendation that I have for lawyers and mediators (based on my experience in both professions) is to change our mindset—settlement negotiations and mediation are not a one-off, all-or-nothing, one-day, either success or failure. It is a continuum from the start of the dispute to its final conclusion—there are many opportunities for optimal settlement. Lawyers have an obligation to provide competent services in all aspects of the practice, including technology. Lawyers should study negotiation and persuasion strategies based on scientific research and data. Lawyers should insist on an early pre-mediation readiness conference with opposing counsel and the mediator to set forth an agenda and estimation of when the parties will be ready to participate in a productive mediation.
To engage in a brief online pre-mediation conference that will set the agenda for the future mediation.
How do you personally approach building trust and rapport with the people you mediate?
To create trust and rapport, it starts with my response to the clients in my opening emails and exchange of communications. I want them to know that I want to help the parties resolve this dispute efficiently and fairly for both parties. Generally, the clients who select me already know my extensive experience both as a probate attorney and as a probate mediator who has actual experience being appointed as a trustee, executor, referee, or conservator in disputed probate cases. The most important way to build trust and rapport is to let them know you are prepared by understanding the facts and law of the case, but also I am interested in the emotional and personal stress that their clients are experiencing. I share personal experiences that illustrate how empathetic I am with each client’s perspective.
What values guide you in your mediation practice, and how do they influence your work?
The primary value that guides me in my mediation practice is that I am committed to bringing all of my skills and experience over many years to assist the parties in resolving their dispute. My view is that it isn’t over until it’s over. And often, I will pursue the attorneys to reconvene after they are better prepared to negotiate a fair settlement. Also, I believe in applying the highest ethical standards to my practice, starting with “Do No Harm.”
What do you hope the parties will take away from the mediation experience?
My biggest aspiration is that the parties, including both attorneys and clients, are satisfied that I did the best job possible and that I was instrumental in getting the case settled, particularly when no one thought it could be settled.
How do you tailor your mediation style to fit the unique needs and personalities of the parties involved?
Yes, I do apply different strategies depending on the needs and personalities of the parties.
Some parties only want a facilitative mediator who will try to move the parties with statements like “Think how much stress will be relieved if you settle this case today.” We ask looking-forward questions in some situations: What will things look like when the litigation ends? How much will you save?
Some parties and attorneys want to hear my opinions about the facts and law based on my experience. Some attorneys want me to explain the risk factors in probate court to their clients. Obviously, I have to build trust and rapport by showing I am an experienced probate attorney and understand the unique rules in probate court and particularly the duties of a fiduciary.
Previous Spotlights
Meet James "Jim" Cameron
Mediator Spotlight: Meet James “Jim” Cameron
What inspired you to become a mediator?
I was growing tired of the constant fighting that I had to cope with as a full-time litigator. So I began to realize that my better strengths were as a problem solver than as a gladiator. What sealed the deal for me? Taking Ken Cloke’s three-day introductory course. Tremendously inspiring. It showed me that my natural skill set was much better suited to mediation than to litigation. And so the journey began, some 12 years ago this month.
What do you believe are the best practices for preparing for a mediation session?
I think there are best practices for the mediator, as well as for the parties and counsel. For myself, I really need to understand the dispute and underlying issues. I will put in the time to review pleadings and documents, ask questions of each side, and get a better sense of what solutions might genuinely work for the parties. For me, there is no substitute for this preparation work. For the parties and counsel, it is essential that they try to put aside the litigation impulses and become problem solvers themselves. Counsel should ensure that the parties have exchanged enough information, formally or informally, so that they can make informed decisions about a possible resolution. They need to make sure that I have all the documents and pleadings of relevance so I can do my job better. Above all else, counsel need to try to put aside the “fight” mode if they want to settle at mediation. If counsel will do that, then they can demonstrate the change in attitude to their clients. That way we have a much more conducive setting for the mediation itself.
How do you approach building trust and rapport?
I begin by educating myself about the case and the issues so that I can understand better what really is at stake. Then I try to communicate with counsel and pro per parties on a very friendly basis. I urge people to call me “Jim” rather than “Mr. Cameron”. I want to try to get people to relax and breathe. That way they can start to open up to me about what the dispute is really all about – and how we can fix it. Essential to this process – I have to listen. Pleadings never tell the full story. If the parties know that I will listen to them, they begin to trust me to help guide the discussion toward a successful resolution. In order to do that, I also try to make it clear to the parties that I am an active problem solver – I will and do make suggestions based upon what I am hearing and my many years of experience. Part of that requires me to be “evaluative” – if I think a party is sticking to a position that would likely lose in court, I will tell that party so, in private. The party does not have to agree with me, but I have a pretty good perspective on applicable law which I hope the party can and will consider.
What do you want the parties to take away from the mediation?
Above all else, I hope the parties appreciate that I am working hard to persuade everyone to be fair with each other. Second, I want them to understand that there is more to life than fighting. I try to create a safe environment in which issues can be discussed openly and in which the parties can consider a variety of solutions. I hope the parties will appreciate the value of listening – keep your ears open, even if you think you won’t agree with what you are going to hear. You may be surprised. Problems can be solved if everyone keeps their ears open, and communicates with each other with respect rather than hostility.