Effective Mediation Practices Thoughts and Observations of Selected Mediators

Peter J. Marx has served as a mediator for over 30 years. Beginning after 20 years as a litigator and transactional attorney, Mr. Marx was an early adopter of mediation as a more civilized and far less expensive and burdensome means of resolving disputes. In his mediations, he seeks to ascertain the true interests of the parties, which may or may not be coextensive with their factual and legal positions. In reaching agreement, the objective is to satisfy those interests to the greatest extent possible.

There is not much Ann has not seen during her 30 years as a successful employment and business/commercial trial lawyer. As an associate, partner, and rainmaker she has tried, arbitrated, and mediated hundreds of cases throughout the country and implemented many in-house ADR programs for clients.

While in practice, she earned the respect of clients, colleagues, and opposing counsel for having a keen sense of the strengths and weaknesses of cases. Critically assessing the evidence, witnesses, and the law, she envisioned how each side would try their cases and utilized the information to develop trial and resolution strategies. As a full-time mediator, Ann is known to use this approach going above and beyond in preparing as if she was the trial lawyer on the case in each room. Depending on the complexity of the matter, she may have several pre-mediation mini-sessions and calls to formulate a framework for the mediation session in order to maximize the probability of settlement. She also is known to create a sensitive and respectful atmosphere so the parties gain trust in her and the process. 

Eve Wagner, Esq. joined Signature Resolution in 2019 as a mediator and arbitrator. She has mediated and arbitrated hundreds of cases involving employment, entertainment, business, and real estate matters.  
 
More than 18 years ago, Ms. Wagner expanded her litigation practice to include mediation and arbitration. Since then, she has resolved hundreds of cases involving a wide variety of disputes, ranging from single to multi-party, complex matters involving employment, Civil Rights/Unruh Act, class actions, PAGA claims, entertainment, intellectual property, legal malpractice, fee disputes, premises liability, and personal injury. She also joined the Independent Film & Television Alliance in 2013 and the AAA in 2017. 

Hon. Gail A. Andler (Ret.) is a highly sought-after Mediator, Arbitrator and Special Master selected by counsel and appointed by the courts in complex and high-profile matters throughout the country. After serving more than a decade on the Complex Civil Litigation Panel during her 22 years on the Orange County Superior Court, Judge Andler joined JAMS as a full-time neutral in 2017. Whether allocating settlement funds in large mass tort cases or bringing the parties to a negotiated resolution, Judge Andler is able to effectively leverage her judicial experience from managing and resolving large coordinated and consolidated product defect and injury cases in the pharmaceutical, medical device, and automotive industries, in addition to consumer and employment class actions and PAGA cases. Judge Andler has experience across the legal spectrum including complex business, trade secret, employment, product liability, catastrophic personal injury, entertainment and healthcare disputes. Her time with the court also included serving two terms as the Presiding Judge of the Superior Court’s Appellate Division and she is the past President of the American College of Business Court Judges, experience that serves her well when arbitrating complex matters as a single arbitrator or as part of a panel. She has a Certificate in Mass Tort MDL from Duke Law and is a Fellow in the Academy of Court Appointed Neutrals as well as a Fellow in the College of Commercial Arbitrators.