Philip Barbaro Jr.

About Phil

Philip Barbaro, Jr. is a seasoned attorney with over 30 years of experience involving litigation in the areas of Probate, Trust, Conservatorship, real estate and general civil matters in both tort and contract. He is a Certified Specialist in Estate Planning, Trust, and Probate Law by the State Bar of California. He also serves as a mediator with the Mediation Center of Los Angeles and the Alterative Resolution Centers (ARC). In addition, he educates other professionals through presentations and lectures.

Phil approaches his practice as a creative opportunity to structure a settlement, something that often cannot be accomplished through a formal trial.

A Certified Specialist in Estate Planning, Trust, and Probate Law by the State Bar of California, Philip finds these types of cases are especially appropriate for mediation because they require an innate understanding of family dynamics, where mediation can cultivate a safe and relaxed setting for communication and understanding.

Interview with Phil

1. What originally pulled you towards mediation and what has kept you in the work?

I have been practicing law for over 30 years most of which was in litigation. I always believed that it was in the client’s best interest to be able to limit litigation to the extent possible without compromising their intended goals. Therefore, my approach to litigation was to explore solutions that could get the matter resolved early in the process. In many cases, the opposing side was not inclined to find an early resolution and consequently litigation had to be pursued through trial. As mediation became more prevalent to resolve matters without going to trial, I found that the process fit with my philosophy on how to approach litigation. Under the guidance of a skilled mediator the opposing side many times began to recognize and appreciate the benefit of early resolution of the litigated case. Mediation is an informal process, which allows parties to get as creative as necessary to structure a settlement that each side finds acceptable. This is not something that can be done if the case has to go through a formal trial.

My work now as a mediator allows me to take advantage of my years of experience in litigation to help the parties understand the benefits of compromising and resolving the conflict. I’m very happy with the success I have had in resolving highly contested matters. It is very rewarding knowing that I helped parties resolve their dispute by, fashioning unique solutions, ending the conflict and saving the parties thousands of dollars by avoiding a trial.

2. How do you build trust with parties who come into mediation skeptical and emotionally exhausted?

Litigation is extremely stressful, expensive and emotionally draining. Before getting to mediation, the parties have each had to retell and relive their story several times in the pleading stage and the discovery phase. After all of that, they still have not been able to resolve the matter. The level of frustration at the slow pace, lack of resolution and the expense of litigation is evident.

I understand that by the time the parties get to the mediation, they have been through a lot. Not surprisingly, they come to mediation which certain expectations of what the desired outcome should look like. I therefore make it a point at every mediation to talk to the parties directly and acknowledge the path they have been on. I let them know that I am aware and understand that they have entered the mediation with some preconceived ideas of what a settlement should look like. I also tell them that I am not here to try to change their mind about what they think is a preferred outcome. I do ask all parties to promise me that they will remain open minded through the entire mediation process. I let them know that if all parties do that, we have a very good chance of getting the case fully resolved.

3. What role do empathy and listening actually play and resolving high conflict matters?

Empathy and listening are critical to resolving many types of litigated cases. This is particularly true in mediating probate, trust, and conservatorship cases. In those cases, the litigants have lifelong issues with each other, many of which are driving the litigation. I let them know that the mediation process is the one time they can tell their entire story. They can speak freely and confidentially, which is something they will not be able to do at trial.

These individuals need to know that their mediator has heard them, understands and acknowledges the pain they feel. It is only with this level of communication that a mediator can earn the respect and trust of the parties.

4. Are there certain types of disputes where mediation is especially effective?

One area of the law where Mediation is especially effective is in probate trust and conservatorship disputes. I believe this is true because these cases often involve far more than the dollars and cents. Many times, it’s necessary to understand the family dynamics that are at play. Mediation is a wonderful vehicle to learn about the family dynamics in a setting that is relaxed and confidential. Understanding the family dynamics is critical in fashioning a solution to resolve the dispute.

5. What is something people would be surprised to learn about you?

For over 9 years I have been involved in sailing community. I belong to a sailing club where I have not only learned to sail but have obtained various levels of certification from the American Sailing Association. I now teach new members of our club how to sail. Sailing has provided me with some memorable sailing vacations. Each year for the past few years, I, along with friends from my club, have chartered boats in different countries. We have sailed around the Islands in Greece, Sicily and the Caribbean. Additionally, we routinely go for weekend cruises locally to the Channel Islands.