Mediation -- A Path Back for the Lost Lawyer
by John R. Van Winkle
by Richard H. Hoffelt

Richard H. Hoffelt is Of Counsel to Wilke, Fleury, Hoffelt, Gould & Birney, LLP, and is a full-time neutral arbitrator/mediator.

There is no real secret to a successful mediation. Each mediator employs her or his own style, but all blend the two key negotiation factors, trust and communication. Mr. Van Winkle's new book is a plainly written review, first, of litigation at the end of the 20th Century in the United States, which he characterizes as "a long and expensive train ride." In describing the "litigation train," Mr. Van Winkle reviews the course which litigation has taken over the past 30 years. The review will be nostalgic for some, exciting for others and highly useful for all.

Having set the stage by describing the course and effect of the "train ride," he details the emergence of ADR and mediation and the mediation process in a thoroughly informative and useful manner as only a skilled litigator can. His words will be received with the same amount of interest by the experienced litigator as by the novice. Jerome J. Shestack, former President of the American Bar Association, informs us in his introduction to the treatise that: "John Van Winkle, too, is a convert from the cult of litigation to the religion of mediation. His writing is lucid, concise, sprightly and blessedly without footnotes. He uses metaphor, anecdote, principle and practical experience to advocate, expound and elucidate the art of mediation. For the novice, his exposition will educate and train. For the veteran, it will recall, highlight, emphasize and solidify. For all of us, his vision of the lawyer's role as the high priest of mediation inspires."

Mr. Van Winkle reviews the emergence and core purpose of mediation and most significantly, the role of the advocate and mediator in the process. He describes the skills and techniques of the mediator and explains how the novice can learn and improve those skills to become an expert negotiator.

His profile of an effective mediator for litigated matters is particularly on point: "The effective mediator in litigated cases:

• Never gives up;
• Understands and appreciates the role of the trial lawyer;
• Has a broad base of trial or judicial experience;
• Never gives up;
• Has a sincere respect for and ability to connect with litigants;
• Has a quick and creative intellect;
• Never gives up;
• Understands and values the dynamics of the attorney-client relationship;
• Understands and has sufficient experience to protect the lawyer's strategies and tactical trial practices;
• Never gives up;
• Understands and respects the mediation process; and
• Never gives up."

The American Bar Association, the book's publisher, informs us: "Readers will find this book irresistible if they are interested in improving the lives of lawyers and the legal profession. The new treatise traces how we moved from being a noble profession to being a billable-hour obsessed business and demonstrates how we can return the profession to a noble calling."

Litigators will hone their negotiating skills and experience a refreshing perspective by reading "Mediation -- a path back for the lost lawyer."