John Derrick

About John

John Derrick has a background in law and business. A dual national who came to the US from the UK over 30 years ago, he is naturally skilled at helping people from all sorts of backgrounds resolve a wide variety of disputes that previously proved intractable.

John is by character diplomatic and has a calm, civil demeanor. He can see issues from different perspectives. He is empathetic and can establish rapport with a wide range of people. He is both patient and persistent. He listens. But when necessary, he can tell people things they may not want to hear.

John’s ADR practice draws in part on his experience over 20 years as an accomplished appellate lawyer. Before entering the legal profession, he co-founded, operated, and eventually sold a specialized information publishing business.

Interview with John

What initially drew you to mediation, and how has your relationship with the work evolved over your career?

I began mediating cases in 2008 when I went on the Court of Appeal mediation panel in Los Angeles. I was practicing law as a solo appellate specialist. Appellate work is quite solitary. You can be really busy, but not have much on your calendar involving interaction with others. So I enjoyed breaking that rhythm when I was an advocate representing my clients in appellate mediations. And that drew me into wanting to act as a mediator myself.

Initially, I started mediating cases with no formal training. In those days, courts didn’t always require it to join their panels. But I found I could settle them nonetheless! Since then, I’ve done all sorts of training. I pivoted to being a full-time neutral two years ago, and still relish learning from other mediators, including my fellow MCLA panelists. I now also act as an instructor putting on mediation-focused continuing legal education programs for other neutrals. But training alone can’t make an effective mediator. Certain things have to come naturally.

What is something about mediation that you did not fully understand until you began your practice?

Parties come in with positions — numbers, demands, outcomes. But a lot of that is armor. Once someone feels genuinely understood, their stated position often shifts on its own, without you having to challenge it directly.

When parties feel stuck or emotions are high, what are you paying attention to that others might miss?

Silence — especially from someone who was previously engaged — is often more telling than what you’re hearing from the person who is escalating. The quiet one can be where the real block is.

Paying attention to silence is about tracking engagement rather than just volume. The goal is to have a read on where every person in the room actually is, not just the ones making noise.

What is something from outside of mediation that has shaped the way you work as a neutral? 

I got my law degree at Berkeley in my forties. Before that, I had a niche small publishing business for many years, which I eventually sold. I was a client of lawyers long before I ever became a lawyer myself. I spent more on legal fees than I ever did on legal education. Coming into the law with that background helped me understand the needs of clients. That carries through into my role as a neutral.

When mediation is successful, what do you hope parties walk away with beyond an agreement?

It depends on the case. Some mediations are really quite transactional. The parties want a resolution, and no one is too impacted at a personal level. Other types of cases can involve life-changing issues. There I hope for outcomes that will help parties to rebuild. But what I hope parties walk away with in all of my mediations is a feeling they were heard and respected, and that the process was fair.

What is one thing parties or counsel can do that meaningfully improves the mediation process?

There are a bunch, but — since you ask for only one — I’ll say “properly clear your calendar and be fully present.” Lawsuits can last a very long time and be a miserable experience. A mediation lasting hours might seem like a big drain on the parties’ time, but it’s an incredibly efficient and time-saving way of resolving a case. A day in mediation can avoid months and even years of ongoing misery. So make the most of it by being 100% present, focused, and engaged. Don’t try to multitask your way through a mediation.

What is a common misconception about mediation you wish more people understood?

That it’s all about “compromise.” Yes, the parties need to negotiate. But it’s a matter of trying to identify a resolution that is better for both sides than continued litigation. The word “compromise” doesn’t really capture that.

Given the nature of your role, what is something that helps you decompress after a day of mediations?

Going on a run. I never take my phone with me. Even if the run is physically hard, it’s mentally relaxing.

If mediation had a soundtrack, what would you choose?

Mediators can help build “A Bridge Over Troubled Water.” But with mediations, one sometimes has to get down into the troubled water in order to get to the other side! So it’s not all about bridges.

Fun facts:

John is a former instrument-rated pilot and airplane owner. He is married to an airline pilot who was his flight instructor back in 1989, and is a keen traveller who has been to over 100 countries. He runs half marathons all over the world. He has a blog — www.flyrun.fun — which is about the intersection of running, aviation, and travel.