NOTABLE MEDIATOR: LAYN PHILLIPS

A range of disputes can be mediated from neighborhood disagreements to family feuds to complex commercial differences of opinion.

One mediator with an exceptional history of conducting complex commercial sessions is Layn Phillips, a retired federal judge. He was awarded the Distinguished Neutral of the Year award by the National Academy of Distinguished Neutrals for the achievement for being in the forefront of complex commercial mediations for two decades.

Some of the cases he mediated include the NFL Concussion Litigation, the Michigan State University Sexual Abuse litigation, the Bank of America/Merrill Lynch Acquisition litigation, the Wells Fargo Financial Account Securities case, and the Purdue Opioid settlement. These examples all seemed intractable, yet he found a way to move the parties towards settlement.

To prepare, his technique required a comprehensive, detailed legal briefing. During mediation, he encouraged both sides to make an honest appraisal of the weaknesses and strengths of their case and probable outcomes if it were to go to trial. When negotiation between parties falters, he utilizes caucuses to help separate emotions from the legal realities. And if negotiations fail, he made a formal recommendation to end the dispute.

Litigators involved in complex commercial disputes often prefer his evaluative style over a more facilitative one

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Fred Jandt is the author of several books, including his latest, “How To Survive a Mediation.”