Mediator Spotlight: Meet Lisa B. Morgan

This month, we spotlight Lisa B. Morgan, a skilled mediator with an extensive legal background and a passion for dispute resolution. A magna cum laude graduate of Southwestern University School of Law, Lisa has practiced as a litigation attorney and mediator, handling cases in 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.

Read below for an exclusive interview with Lisa…

What inspired you to become a mediator?

As a litigator, I represented both defendants and plaintiffs in a range of civil and commercial matters. Given my competitive personality (and that I am project-driven), I loved the adrenaline rush of advocating for someone. Obtaining the “win” for your client. 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 (unpleasant) 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. It ties up the financial and human resources of a company that could be used for other projects. In addition to the cost of litigation, the legal system is imperfect; money (sometimes equity) is the result. Yet, a monetary award rings hollow. It is not final and may be appealed. You also have to collect the award. Moreover, the award does not address or resolve what is happening below the surface and there is always something. Ask a victim of sexual abuse if the money s/he received drove away the ghosts or their past or permitted them to forgive those who betrayed and hurt them. Ask the person who suffered a stroke in the process of defending their business if the defense verdict was worth their impaired health. Ask the employees who lost their jobs because the business collapsed. Ask the retiree if depleting their retirement savings on attorney’s fees was worth the paper judgment they received.
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 in a way not limited by evidentiary standards or manipulative questions posed by counsel. Mediation is flexible in process and resolution. It encourages creative solutions and can untangle even the messiest situations. I decided to become a full-time neutral because I reached a point in my life – after the maturity of years and life experiences — to know that I wanted to devote my time to helping others in a universally, constructive way by using the talent, knowledge, and abilities I have. 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 preparing for mediation should know the discernible difference between being an advocate in litigation (or arbitration) versus being an effective negotiator in mediation. When I teach mediation and negotiation practices to students/lawyers I advise them of the following:
1. An effective negotiator knows their client’s story. That story is how your client perceives the conflict and how it has affected them. Listen to that. Understand that the other side also has a story. Listen to that, too. Both stories will likely evolve into a mediation narrative.
2. An effective negotiator comes prepared to listen and ask meaningful questions. Too often attorneys come to mediation in advocacy mode, telling the other side “what it is.” However, the better strategy is to listen. You can only advance your position if you know how to approach the other side. Listening allows the attorney to ask meaningful questions and create proposals that meet the objectives of both parties. An effective negotiator is a persuasive listener.
3. An effective negotiator takes the time to talk with the mediator and educates the mediator on the ins and outs of the case and discusses potential or actual concerns/vulnerabilities in the case. It is exchanging mediation briefs with the other side. It also means having an honest discussion with your client about their “wants” versus their “needs”; the latter cannot be negotiated, but the former can.
4. An effective negotiator knows their client’s realistic alternatives and those of the opposing party. I discourage inflexible “bottom lines.” Using a range or “target” is preferable and it should be based upon your BATNA (best alternative to a negotiated agreement). Your BATNA tells you what is minimally acceptable to reach a negotiated resolution. You should know the BATNA of the opposing party as well. Negotiating power (leverage) depends upon your BATNA; the worse your BATNA, the less leverage you have. Have a strategy for achieving your client’s goals but remember that BATNAs can change and often do. I have seen counsel realize that the other’s party’s case is much stronger than originally thought and modify their client’s BATNA accordingly. Had they used an inflexible “bottom line” the matter would not have settled. Also, if you know the other party’s interests, you can propose or offer something perhaps they cannot obtain in litigation that they would find attractive. I encourage attorneys to know their MLATNA (most likely alternative to a negotiated agreement and WATNA (worst alternative to a negotiated agreement) as well.
5. An effective negotiator is an active participant in the mediation and creates proposals that will be attractive to the other side while advancing your client’s interest(s). Look for mutual interests.

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

Building a rapport with others is an earnest investment of time and care. It is taking the time to learn about the conflict, the parties, and their interests and concerns. It is creating a space and process 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 and every matter and how I do it. I have been told that I am an excellent listener and extremely patient, so that helps. I also genuinely like people and want to help them find a resolution. I think my clients feel that authenticity.

What values guide you in your mediation practice, and how do they influence your work?

There are seven values that guide me as a mediator and, in life, generally: (1) Kindness; (2) Respect (3) Integrity (4) Honesty (5) Patience (6) Hard work, and (7) Perseverance. As a mediator I aim to create a demonstrative environment that inspires and encourages the emulation of 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 – whatever that is — has improved for the better than when I first met them. This can mean complete resolution, partial resolution, and/or positive steps

toward a resolution including: establishing or improving a dialogue between the parties, trading information that allows the parties to evolve or reevaluate their perspective and/or risk analysis, and/or amending/addressing relationship or emotional concerns that posed a barrier to constructive negotiations. 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; mediators are only custodians of the process the resolution belongs to the parties and all things are possible.

How do you tailor your mediation style to fit the unique needs and personalities of the parties involved?

I am a proactive meditator who creates a strategy and process design for each mediation based on that particular situation. No two mediations are the same because no two situations are the same. You may have a similar legal question but a conflict is not defined by the legal question. Rather, conflict is between parties who come to the table with their own unique experiences, perspectives, styles, personalities, limitations, and interests. Before mediation, I take time to speak with the parties/counsel, read all materials given to me including caselaw, and familiarize myself with the litigation itself. I created a pre-mediation questionnaire for counsel that not only helps educate me on the matter but also helps them prepare for the mediation. I blend this process design and preparation with my ability to connect with people and my skills of improvisation and creativity to handle the curveballs that invariably come with mediation.