March 2024
This month, we spotlight Lisa B. Morgan, a skilled mediator with an extensive legal background and a passion for dispute resolution.
About Lisa Morgan
Handling business disputes, employment conflicts, personal injury, and human rights issues, she has trained at the Straus Institute for Dispute Resolution at Pepperdine and the Center for Dispute Resolution and works with Mediators Beyond Borders International Consulting to help businesses and communities navigate complex conflicts.
Beyond mediation, Lisa competes in triathalon events across the U.S. and Europe. Her endurance, discipline, and perseverance in sport mirror her approach to mediation—guiding parties through challenges to achieve lasting resolutions. We are honored to have Lisa as part of our mediation community and celebrate her dedication to both the field and her personal passions.
What inspired you to become a mediator?
As a litigator, I represented both defendants and plaintiffs in a range of civil and commercial matters. However, when I reflected on the process I questioned whether the “win” at trial was truly a “win” for the client and if so, at what cost?
In my opinion, litigation traps people in events of the past. The process itself is lengthy and takes a toll on the parties’ emotional and physical health, their relationships, their family, and their business. In addition to the cost of litigation, the legal system is imperfect; money is the result. Yet, a monetary award rings hollow.
Quite simply, mediation is a better way to handle disputes. Most conflicts can be mediated. Mediation empowers parties to make decisions that affect their lives. It allows the parties to be heard. Mediation is flexible in process and resolution.
It encourages creative solutions. I decided to become a full-time neutral because I reached a point in my life to know that I wanted to devote my time to helping others in a universally constructive way. Mediation allows me to do that. It aligns with my value system and fills me with purpose.
What do you believe are the best practices for preparing for a mediation session?
Attorneys should know the difference between being an advocate in litigation versus being an effective negotiator in mediation. An effective negotiator knows their client’s story and listens to the other side’s story too.
An effective negotiator comes prepared to listen and ask meaningful questions. Listening allows the attorney to create proposals that meet the objectives of both parties.
An effective negotiator talks with the mediator and educates the mediator on the case. It means exchanging briefs and discussing concerns. An effective negotiator knows their client’s realistic alternatives and those of the opposing party.
“Mediation empowers parties to make decisions that affect their lives. It allows the parties to be heard. Mediation is flexible in process and resolution.”
How do you personally approach building trust and rapport?
Building a rapport is an investment of time and care. It is creating a space where the parties feel heard and respected. It is acting and speaking with integrity, empathy, and courtesy. Gaining trust is a natural byproduct of the time and care I put into each matter. I have been told I am an excellent listener and extremely patient. I also genuinely like people and want to help them find a resolution.
What values guide you in your mediation practice?
There are seven values that guide me: Kindness, Respect, Integrity, Honesty, Patience, Hard work, and Perseverance. As a mediator I aim to create an environment that inspires and encourages these values. People arrive at the mediation table upset, angry, and nervous. It is up to the mediator to create an atmosphere of safety and calm and one in which civility prevails.
What do you hope the parties will take away from the mediation experience?
I hope that the parties’ situation has improved for the better than when I first met them. This can mean complete resolution, partial resolution, or positive steps toward a resolution. If the parties participate earnestly, mediation is never a waste of time. I hope that the parties take away a feeling of empowerment and a feeling of possibility.
How do you tailor your mediation style?
I am a proactive mediator who creates a strategy and process design for each mediation. No two mediations are the same. Conflict is between parties who come with their own experiences, perspectives, personalities, and interests. Before mediation, I take time to speak with the parties and counsel, read all materials, and familiarize myself with the litigation. I created a pre-mediation questionnaire that helps educate me and helps counsel prepare. I blend this preparation with my ability to connect with people and my skills of improvisation and creativity to handle the curveballs that come with mediation.