Interview with Sean E. Judge

What initially drew you to mediation, and how has your relationship with the work evolved over time?
Initially, I was drawn to mediation in Law School when I found that I was pretty good at it, I enjoyed it and received a really good grade in the class! When I took the Pepperdine course in 2002, I felt that the more complex the assignments became, the better I was at it. So I began doing pro bono mediations soon thereafter and continued on until 2010 when I began winding down my law practice and concentrated more on mediation and arbitration.
Over time, I think I have become a bit more confident and willing to deliver bad news over the course of negotiations. At the beginning, I was less confident about this. Now however, I find myself taking a beat, collecting my thoughts and delivering bad news in a way that encourages us to continue negotiating. I do believe that how bad news is communicated is nearly as important as the news itself.

What is something about mediation that you did not fully understand until you began your practice?
I don’t think I appreciated how much of the process involves people being heard and feeling heard. Regardless of how the mediation ultimately turns out, that is an innate human feeling that I think needs to be acknowledged, listened to and implemented into the negotiations.

When parties feel stuck or emotions are high, what are you paying attention to that others might miss?
I’m not sure whether other people miss it, but when emotions are running high I always take a moment to let people express themselves. I stop talking and start listening. I do find that after people blow off a little steam, and if they feel that they are being listened to, the temperature goes down and we can get back to work.
The subject of impasse is the stuff of books, treatises and mini libraries. Getting people past being “stuck” varies from mediation to mediation, party to party and lawyer to lawyer. again, I find that if people are listened to and together we can come up with a strategy as to what the next negotiation move may be, we can continue the negotiation and work on bridging gaps between the parties.

What skill/practice from outside of mediation has most shaped the way you work as a neutral or what skill/practice as a neutral has made its way into your lifestyle?
Outside of mediation, most significantly, I have been working my way through secondary progressive multiple sclerosis since 2009. Being disabled has helped me smooth off some rough edges that I undoubtedly had as a litigator and a person. It has I think made me a better listener. I think I have also become more patient.
When mediation is successful, what do you hope parties walk away with beyond an agreement?
I want people to leave the mediation thinking they have been treated well, respected, and that a lasting agreement, especially one that has to be performed over time has been attained.

What is one thing parties or counsel can do that meaningfully improves the mediation process?
Prepare. I always have premediation phone calls or zoom sessions before the actual mediation takes place. I want people to be thinking about resolution and not about how litigation has gone and what positions they’ve taken. I do ask for briefs in advance. I like to talk to people after I have received the briefs. I always remain available even after we have spoken so that they can send me additional documents, email me, call me or text me. I have never believed that the mediation begins when the cameras get turned on. I’ve always believed that it begins when the first call is made about scheduling the mediation.