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.