The outcome of a trial is definitive and often devastating for one or more of the parties at a trial; it was certainly challenging and exciting for me as a trial lawyer, but the bigger picture suggested that there was a better way to be helpful to the lawyers and the parties – the real people involved.

I have a lot to offer in two critical areas – preparation and experience.

I read everything, absolutely everything – very carefully. Every document, every note. I read with both a natural curiosity and a professional focus, no matter how long it takes and it often takes many hours.

I sincerely strive to understand the case, with a perspective developed by experience – 38 years as a licenced lawyer and over 3,500 mediations as a mediator.

My position is that preparation and experience make a difference. More of both increases the prospect of a productive mediation.

I understand risk and I can convey the right message. I have a lot of experience.

I have been a licenced lawyer for 38 years and for many of those I tried cases, so I have a crystal clear understanding of the risk facing parties who proceed to trial or some other type of hearing – I have been there. That is the real experience of understanding risk.

I have also, since 2002, mediated more than 3500 cases – that is a big number. The cases were within a full range of subject matter and areas of law. Most of the cases settled at mediation.

At one point in time or another I have taken all of the standard courses including The Chartered Institute of Arbitrators and the Harvard Mediation Course. I undertake continuing education in mediation and many fields, not just to maintain licencing but also because of interest in many areas of law.

I was also once a Certified Specialist in Civil Litigation (possibly 1994 to 2009 I would have to check); the Law Society encourages a return of this designation when mediating full time, which for me was 2009. This simply meant that it was acknowledged that I knew the process very well.

For several years I have been entrusted with the care and development of second and third year law students at Osgoode Hall Law School who attend mediations with me as part of their practical training. The students are really impressive people.

Perhaps the most important, non-academic factor, is my comprehension of the human aspect of litigation. An appreciation that counsel and clients come to a mediation with a variety of facts, application of law, interpretation of risk and expectations. It really helps to understand some simple fundamental truths about life – I’m at that stage now. Confidentiality is very important; equally if not more so is risk avoidance. Making your own decision is better than being told what to do by a stranger.

I’ve met a lot of people and I’ve paid attention. Not just mediating. All the way along.

I was 21 years old when I went to law school. Too young. I had never met a lawyer. I was raised in a very practical family – born in the east end of Toronto and then moved to a fully multi-cultural neighbourhood where English was not the first language in many homes.

I suppose that I understand that many people face challenging circumstances. I am not suggesting that I am alone – a lot of good counsel know this. It’s just that the process, the adversarial system, the fighting system, the business of law can cause focus to drift away from the practical and challenging circumstances of life that many people encounter every day.

All aspects of the process and information exchanged, words said and positions taken are confidential to the proceeding.

The real work starts long before the people arrive at the mediation. Counsel exchange information, obtain information and provide advice to clients. That can be a lot of work. A date is selected and the parties meet, with the mediator. My practice is to read everything counsel send – very carefully – and spend a fair bit of time thinking about the case.

Opening statements may or may not be of assistance. Sometimes, just meeting and understanding who is present and in what capacity is sufficient.

A serious attempt is made to provide parties involved in a lawsuit or some other type of legal proceeding with an opportunity to decide to settle. This arises from a process of exchange of information, discussions initiated by the mediator and an exchange of positions for settlement.

For the mediator, there is a lot more involved than shuttle diplomacy, moving positions or numbers from one room to the other. Risk, expectations, outcomes and often real factors of the human condition are focus points.

Lawsuits are serious matters and are treated accordingly. Everyone in attendance is treated with respect; also accorded certain courtesies and accommodations that may not be available in a court room.

From my perspective – and I have seen a lot of cases and met a lot of people – a mediation might be the last step in a contested proceeding that a person, from the general public to a professional, might see. Parties ought to leave the mediation process with a sense that the system served them well and that they were treated with respect.

Settlement, of course. But even if the case isn’t settled – everyone should leave understanding why the case didn’t settle and what steps are next.

A mediation ought properly to provide all sides with an opportunity to get some form of understanding of the opposition’s analysis of risk.

A case that doesn’t settle should, if productive, be revisited. I certainly, when appropriate, follow up.

Know the case – the plus and the minus. This usually means having full access to relevant facts; full production of relevant documents. Meeting with clients well in advance of the mediation date and discussing objectives is generally imperative. Know the law.

A well thought out, but concise, memo is generally useful – particularly if it is sent a few days or more before the mediation.

I’m a bit ambivalent about late served information; the likelihood is that it won’t have significant impact if there has been limited time to consider it. In many situations the delivery of the information is generally anticipated and specifics predictable. Obtaining certain opinions may be professionally necessary.

I discourage cancellation – it triggers all sorts of problems for everyone. Deal with situational issues at the mediation. If more time is needed deal with it then and schedule a continuance on a future date.

Good question. The others were just softballs. This is a good one.

Answer, yes and no. It takes too long and it is too expensive to participate in litigation to the end, to the appellate level. While I appreciate the risk, the short-term result is good for people – case settled. Long-term result may be bad – law obscured.

In the end I think that generally senior counsel can be counted on to move serious points of law forward in the courts. A speedier route is required.

I would really like to spend more time with you on this point.

It is not exciting, but very fulfilling.

My priority is spending time outdoors with my young family. Otherwise I read fiction, play board games and do a bit of amateur carpentry. All fairly low-key.

Mordecai Richler. I met him several times – it was a privilege. Once I met him with my late father – very memorable.

This is a discussion about mediation. Let’s talk about writers another time.