Mediation and Mingling in North County
- San Diego FBA
- Apr 2
- 2 min read
Updated: Apr 18
By Lilly Glenister*
On March 27, 2025, the Federal Bar Association, San Diego Chapter hosted an enlightening mediation event at Morrison & Foerster LLP in North County San Diego. This gathering was an excellent opportunity for legal professionals to delve into the art of mediation, with insights from renowned experts in the field.
The CLE event featured distinguished panelists, including Judicate West neutrals—and former U.S. Magistrate Judges—Hon. William V. Gallo (Ret.) and Hon. Nita L. Stormes (Ret.), alongside U.S. Magistrate Judge Steve B. Chu. These experts shared their perspectives on best practices for mediation, discussing the nuances of both private and judicially led mediation sessions. Their discussion was moderated by Julie Y. Park of Morrison Foerster LLP.
The panel emphasized the importance of engaging in mediation early in the litigation process. Both Judges Gallo and Stormes noted that mediator engagement before a lawsuit becomes public can often lead to resolutions without trial, as 95% of cases are resolved through negotiated settlements rather than going to trial.
Judge Chu highlighted the cost implications of involving experts at various stages of litigation. For example, he noted that strategic timing of mediation around expert designations and depositions can influence parties’ willingness to negotiate.
Moreover, the panel discussed the difference between private and judicial mediators. The mediators noted that cost considerations and scheduling flexibility are usually pivotal in deciding what type of mediator to engage. The panelists noted that private mediators offer more flexibility and availability compared to court-appointed mediators.
The panelists also explored different mediation styles, noting that successful mediators often adapt their approach based on the case’s specifics. While facilitative mediation is common, evaluative mediation may be necessary when lawyers need assistance in conveying difficult truths to their clients.
In addition, the panelists emphasized the importance of conciseness and clarity in preparing mediation briefs. Judge Gallo recommended limiting briefs to ten pages, focusing on the facts rather than legal jargon overload, and including pertinent exhibits.
Finally, the panel underscored the importance of preparing a term sheet before mediation to facilitate a smooth settlement process. Respect and empathy in interactions were highlighted as crucial elements for successful mediation.
The San Diego FBA extends special thanks to Adam Braverman and Morrison & Foerster LLP for generously providing the venue and hosting a wonderful mixer following the discussion. A huge thank you well as to Board Members: Hannah Ohara and Kristin Lahaszow, and Legal Education Committee Members: Nicholas Hodges and Alyssa Orellana, for organizing the event.
*Lilly Glenister is an Associate at Sheppard, Mullin, Richter & Hampton LLP.
