Retired judge Emily E. Vasquez, now a mediator and arbitrator, shares with disputing parties the insight she gained from presiding over nearly 400 jury trials during her two decades on the Sacramento County Superior Court.
"When you've seen as many trials as I have, I can honestly say that there are no slam-dunk winners in litigation," Vasquez said. "I have seen some cases that can be won by an attorney, and some cases will be lost by every attorney. The great majority fall in the middle. ... You just don't know what the jury is going to rule in terms of their verdict. That's the vagary of litigation."
She retired from the bench in January of 2022 and started focusing full-time as a private neutral in November that year. Vasquez, one of Judicate West's private neutrals, has resolved employment, personal injury, professional negligence, elder abuse and landlord-tenant cases.
"We always have to remember that often what matters most to the parties is the way they were treated by the judge, the mediator, the arbitrator or the lawyer," Vasquez said. "Whether they felt listened to, heard, understood and respected. ... Mediation is different obviously than being a judge on a bench, but I'm bringing the skill and knowledge [of being] a judge to the mediation and arbitration process. And I'm enjoying it very much."
A 1977 graduate of UC Berkeley School of Law, Vasquez was a public defender in Sacramento before moving into private practice, where she handled employment matters on behalf of plaintiffs and defendants. Appointed to the bench in 2001, she handled criminal and civil cases.
"Generally speaking, I try to handle arbitration matters the same way I did in my courtroom," Vasquez said. "I approach it with an open mind. I listen very closely to all of the witness testimonies. I review all of the exhibits. I listen closely to the attorneys' arguments. ... And my decision is based on applying the law to the facts as I find them to be. I try my best to issue decisions that are just and fair, and the law is my guiding light."
Vasquez noted that she likes to receive briefs and speak over the phone with attorneys before her mediations. She encourages parties to exchange their briefs and asks them to prepare a draft settlement agreement beforehand.
"This is to encourage them to be in a settlement-focused frame of mind," Vasquez explained. "And to make sure that during the mediation, we cover any sticky issues. Sometimes you may forget some sticky issue that is then mentioned at the eleventh hour, which may derail all of your mediation efforts that day."
She likes to begin mediations with introductions and an explanation of her approach.
"I think for the integrity of the mediation process, it's important for the parties to trust the negotiation process, to trust the mediator," she explained. "You need to get their full buy-in, their full participation."
Carefully listening and really hearing the litigants is critical, Vasquez said.
"It's important for mediators to provide the parties with the opportunity to tell their story, to give them their day in court," she said. "Because if the case settles, that will be the only opportunity that person has to discuss their pain, the hurt, the harm that they suffered."
Sacramento defense attorney Kimberly A. Lucia has used Vasquez to mediate two employment cases. She described the retired judge as "smart and kind."
"Her approach is more conciliatory and helpful," Lucia said, "when you need to pull people along as opposed to beat them over the head."
Vasquez noted, however, that later in her mediations she does often shift into a far more evaluative strategy.
"I do start to ask a lot of questions about strengths and weaknesses," Vasquez explained. "I try to convey the cost, the time and the risk to both sides based on my experience and the information they have provided to me. ... And I ask them questions like, 'How do you think this is going to look to the jury? How will you address this evidence in court?'"
Sacramento litigator Karen M. Goodman appeared before Vasquez when she was on the bench and used the Judicate West neutral recently to settle a complex trust dispute.
"She tends to be underestimated because she's quiet and soft-spoken and very friendly," Goodman said. "But she's got a backbone, and she definitely, definitely knows how to handle herself."
Goodman added that she appreciated all the preparation Vasquez did before the mediation and the time she spent beforehand on the phone discussing the case.
"I thought we had no chance of settling it," Goodman said. "But she was super persuasive in my room as well as the other room and helped us to get a very fair resolution very quickly."
Lucia added that she appreciated Vaquez's extensive experience with jury trials.
"I really found her to be effective at pushing the right buttons, I believe, on both sides," Lucia explained, "those for the legal merits as well as what to expect from a jury."
Fresno plaintiffs' attorney Robert D. Bassett used Vasquez recently to settle a personal injury case, and said she was good with his client.
"She didn't take that, 'Oh, I'm the mediator and here's how it is,' stance," Bassett said. "She explained the process. ... A good mediator is also a good teacher. So, she did well at educating the clients."
Bassett added that he felt Vasquez applied a balanced approach.
"I thought she was really fair," he said. "I thought she looked at the facts and the evidence. ... And she just didn't come across as being pro-plaintiff or pro-defense. She was just pro trying to find a resolution."
Vasquez said settling disputes these days as a private neutral provides her with a tremendous amount of satisfaction.
"I'm just so pleased when we're able to resolve cases," she explained. "It's so rewarding because mediation is a way of helping people find peace of mind to get on with their lives."
Here are some attorneys who have used Vasquez's services: Karen M. Goodman, Goodman Law Corporation; Robert D. Bassett, Quinlan, Kershaw & Fanucchi LLP; Kimberly A. Lucia, Boutin Jones Inc.; John A. Tsaur, Yang Professional Law Corp.; David J. Graulich, Wronged at Work Law Group.