The Central Coast Claims Association was very pleased to have the Honorable judge James Trembath address the April 15, 2004 luncheon gathering. Judge Trembath, who now works as a mediator with ADR Services, Inc., addressed the successes and the shortcomings of the mediation process.

"Nonbinding arbitration has not, in my view, fulfilled its idealistic promise," he stated. Intended to not only dramatically reduce the backlog in the court system, alternative dispute resolution has been touted as the answer to extreme litigation costs.

Opening statements, he explained, really set the tone. Coming out too strident or intimidating can alienate everyone, defeating the intended goal from the start.

He went on to address numerous ways in which all parties may further the ability of the mediation process to effectively attain a desired outcome.

"Listening is key," he said. "reacting with litigants - 'dissing them'," he said affably, " will affect the whole atmosphere. He recommended a book, "Listening - the Forgotten Skill" by Alan Barley.

Being sensitive to different cultures, and to how the process is being perceived by those newly experiencing it, will help your cause.

A critically important factor is that you trust the neutrality of your mediator.

In the scheme of the overall legal system, nonbinding arbitration is still in its infancy. There is great hope still that it may live up to the grand ideals set forth.