Interview with Jennifer Johnston Terando

What inspired you to join MCLA?

I was inspired to join MCLA after meeting Myer Sankary in 2019 at a Valley Bar networking dinner, which he graciously hosted at his home. At the time, I had just completed my forty-hour training with the Los Angeles County Bar and the Straus Institute’s ‘Mediating the Litigated Case,’ and had been mediating for about six months. It was a pleasure to learn about Myer’s vast experience and passion for the field, and he has since served as an invaluable source of support. I joined the MCLA later that year, and it has been a privilege to be a part of the organization’s expansion.

How do you personally approach building trust and rapport with the people you mediate?

Early in my legal career, I was working as an associate with a highly successful trial attorney known for his robust advocacy. As a young lawyer finding my footing, I initially thought I should mimic his style—an attempt that resulted in an epic failure.
When I shared my struggles with him, he enjoyed a good-natured laugh at the idea of me trying to imitate him, but then he offered a profound piece of advice: be yourself and use your own voice. True persuasion doesn’t come from posturing, but from authenticity; if I didn’t believe in my own delivery, a judge or jury certainly wouldn’t.
For over two decades, that wisdom has served me well. I believe that when a mediator brings their authentic self to the process, a natural trust develops with the participants.

What advice would you give to someone on how to prepare for mediation?

Achieving settlement often comes down to transparency and timing. Regarding transparency, I urge attorneys to share their briefs. I often see briefs stamped ‘confidential’ out of caution, yet they contain nothing that needs to be withheld. Sharing them is a smart step that accelerates the negotiation process.
Regarding timing, it is vital to have completed enough discovery to validate your position. Cases usually land in court because the parties’ perspectives during the pre-litigation phase were too far apart to resolve. You likely need some written discovery and depositions to narrow that gap. Once the facts are ‘tightened’ by evidence, settlement becomes much more likely.

What is a common misconception people have about mediation?

In my opinion, a misconception is treating mediation as a courtroom rather than a conference room. I remind participants that we are pressing the ‘pause button’ on the litigation. Should the case not resolve in mediation, the litigation will resume. While in mediation, the goal isn’t to vigorously debate the facts of the case, but to negotiate a resolution. When participants release the need to be ‘right’ and focus instead on the terms of an agreement, they are much more likely to achieve a resolution.