WSBA Alternative Dispute Resolution

Promoting Informed Use and Best Practices for ADR in Washington

Stephen Goldberg: Choosing a Mediator

May 4-5, 2012
19th Annual Northwest Dispute Resolution Conference

3.7 Choosing a Mediator: What Difference Does a Robe Make?*

Stephen Goldberg, Professor of Law, Northwestern University Law School, Chicago, IL.

Panelists: Stew Cogan, Mediator, Seattle, WA; Eric Watness, JAMS, Seattle, WA; Thomas Keller, Thomas M. Keller P.S., Seattle, WA; Hon. Terrence A. Carroll, ret., Distinguished Jurist in Residence, Seattle University School of Law, Seattle, WA.

Moderator: Lee Jay Berman, Mediator, PMA Dispute Resolution, Los Angeles, CA

Saturday, May 5, 2012 8:30 a.m. – 10:00 a.m.

Professor Stephen Goldberg will present research comparing successful mediators with and without prior judicial experience. Mediators were evaluated on their capacity to gain the disputants' confidence, process skills, and capacity to provide useful case evaluations. Research on the reasons for mediator lack of success will also be presented. The presenter and panelists will discuss these and other considerations in choosing a mediator.

Stephen Goldberg is Professor of Law at Northwestern University, Chicago, Illinois, where he has taught negotiation, mediation, and arbitration. Professor Goldberg has been serving as a mediator, arbitrator, and dispute resolution consultant for 35 years. He is president of Mediation Research & Education Project, Inc, a member of the National Panel of Distinguished Neutrals of the International Institute for Conflict Prevention and Resolution, and a member of the National Academy of Arbitrators. He is also a mediator of the International Court of Arbitration for Sport, a salary arbitrator for Major League Baseball and the Major League Baseball Players Association, and the Jobs Monitor for the United Mine Workers of America and the Bituminous Coal Operators Association.

Professor Goldberg is the author of numerous books and articles, including Dispute Resolution (with Frank Sander, Nancy Rogers, and Sarah Cole)(Aspen Publishers, 5th ed., 2007), and Getting Disputes Resolved (with Jeanne Brett and William Ury)(Program on Negotiation at Harvard Law School, 1993). His recent articles include: What Difference Does a Robe Make: Comparing Mediators With and Without Judicial Experience, 25 Negotiation Journal 277 (2009) (with Jeanne M. Brett and Margaret L. Shaw), and The Past, Present, and Future of Mediation: Views of the Founders, Negotiation Journal (Spring 2010)(with Margaret L. Shaw).

Stew Cogan is in his seventeenth year as a full-time arbitrator and mediator, following twenty years practicing primarily corporate, business, and real estate law. Stew has arbitrated more than 300 cases and mediated more than 2,000 cases. Stew has been named an ADR Super Lawyer by Washington Law & Politics each year from 1999 through 2011, and in 2008, 2009, and 2010 he was named one of the Top 100 lawyers in Washington. He was also named one of the Best Lawyers in Seattle by Seattle Magazine in its last four surveys in 2001, 2003, 2005, and 2007, and one of Puget Sound’s Top Business Lawyers by Seattle Business Monthly in 2006, 2007, and 2008. He is a frequent speaker on a variety of mediation and arbitration topics. Among other professional organizations Stew belongs to, he is a fellow of the invitation-only College of Commercial Arbitrators and a fellow of the invitation-only American College of Civil Trial Mediators. 

Thomas M. Keller’s 34 year-old law practice emphasizes complex probates, trusts and guardianships, estate planning and business transactions. Mr. Keller is a CPA and a past chairperson of the Real Property, Probate & Trust Section of the Seattle-King County Bar Association and the Estate & Gift Tax and Continuing Education Committees of the Washington Society of Certified Public Accountants. He also co-chaired the 2003 and 2010 revisions to the King County Probate Manual. Mr. Keller has been named one the best lawyers in Seattle by Seattle Magazine in 2001 and 2007, a “Super Lawyer” in the state of Washington every year since 2001by Washington Law & Politics, one of Seattle’s Top Lawyers by Seattle Met magazine in July, 2010, and one of Puget Sound’s Top Business Lawyers in the April, 2006 issue of Seattle Business Monthly.

*ADR Advocacy Track

All 2012 workshops. On-line registrationConference brochure.

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