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Well, you bring a broader perspective about the whole judicial system. I mean, being in the trenches and trying cases is really important. I don’t think you can be a good mediator in these complex cases unless you’ve had the real experience of trying a jury case, trying complex civil cases, and motion practice. And that’s really an important part of the component here too, but again, having judicial experience, for me, brings a better perspective.
I know how cases are decided. I know what makes a difference in a case. We learn to quickly focus on the importance of who’s gonna win or who’s gonna lose, not to judge it necessarily, but strong points and weak points. And it just brings a better perspective. And I think the parties too really respect mediators that have had both experience, both as in the trenches as a trial lawyer as a Supreme Court justice. They listen to me a lot more carefully, and most of ‘em still call me Justice. It gives me a little traction.
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Minnesota Mediation Attorney, James Gilbert, discusses the special attributes a lawyer with judicial experience brings into the mediation process.