Bench Wisdom

Retired judge John G. Evans has spent more than four decades solving all kinds of problems.

"It's a funny thing being an attorney," Evans said with a chuckle. "No one comes to your office and gives you money because everything's going good."

After 29 years as a civil litigator and another 15 as a Riverside County Superior Court judge, Evans joined Judicate West in the early fall of 2023, where he's been working as a mediator and arbitrator, tackling personal injury, probate, insurance and employment disputes.

As a mediator, Evans makes it clear early that his job isn't to tell folks what to do, but when asked for his opinion, he isn't afraid to share what he thinks.

"Now that I'm a neutral, I don't have any authority. I'm just here to facilitate a resolution of the case. I can't order you to do anything. I can't order your attorney to do anything," Evans explained. "But if you ask me what I think is going on, I'll tell you. If you ask me what I think the result is going to be based upon my information, I'll tell you what's going to happen. I've done it for 45 years. I've literally had hundreds upon hundreds of trials."

A 1979 graduate of what is now California Southern Law School, Evans started his career handling insurance defense work but spent his last 12 years as a litigator representing plaintiffs. On the bench, Evans ran criminal and civil courtrooms and spent six years as a probate judge.

Evans said much of his work as a private neutral involves mediation.

"I've had maybe 26 arbitrations assigned to me, and of all the ones that I've had to date, not a single one has been arbitrated," he said. "They've been able to settle it beforehand, which is great. ... So, I really have not, frankly, handled an arbitration hearing yet."

Before his mediations Evans said he likes to receive briefs from all the parties and will speak over the phone with counsel.

"Sometimes attorneys have difficult clients," Evans explained. "Maybe they don't want to say something in front of their client, so I'll ask them those types of questions. 'Is there something that's going on here? Is there something that I need to know about, or you can't say in front of your client?'"

The Judicate West neutral said he typically begins his mediations with the plaintiff before moving into the defense room, and he likes to get started early with demands and offers. Evans added that he's also been enjoying the opportunity to come up with some creative solutions in his mediations that wouldn't have been possible during his time on the bench.

"I had a situation where someone went to Bermuda, they rented a room, and their 3-year-old child sat on a sort of coffee table. It fell over, and the sharp edge - the way it struck her ankle - really cut her very seriously," Evans explained, noting the defense argued that the parents should have done a better job watching their child.

"But they had gotten their hotel room by credit card points," Evans continued. "And so, I said, 'You don't have to give them money. They were there for six days. Give them their points back.' ... A court can't make that decision. So that's a simple example of the freedom you have to think outside the box to get something accomplished."

Indian Wells litigator Mary E. Gilstrap tried a case in front of Evans when he was on the bench and has since used him as a private neutral to resolve a probate dispute.

"He's a gentleman," Gilstrap said. "He treats everyone with dignity and respect. And with respect to attorneys, he really stresses professionalism, ethics and collegiality."

Gilstrap said Evans' four decades as a litigator and superior court judge really distinguished him as a mediator.

"When you have a neutral who has that actual hands-on experience of being in the trenches, that's very helpful," she said. "Just having such a broad range of experience really lends itself to a mediation because you understand what's going on. You understand what the practicalities are for the clients, who are coming to this mediation hopeful that something will get done. And Judge Evans has the sophistication to help the attorneys navigate what are going to be some potential complexities in the mediation."

San Bernardino plaintiffs' attorney William D. Shapiro has used Evans to resolve two personal injury cases and called him a "straight shooter."

"If he has a strong position to take, he'll take it, and he'll take it reasonably," Shapiro said. "He will not be an unreasonable mind. ... A lot of lawyers - and some mediators - but a lot of lawyers are unreasonable. John is not."

Indian Wells probate litigator G. Henry Welles also tried a case before Evans when he was a judge and has since used him as a mediator for a highly contentious, multi-million-dollar trust and estate dispute.

"He was able to really get the parties together and overcome all these emotions and resistance to the process," Welles said. "And he ultimately brought the parties to a resolution."

Welles said Evans relates very well with clients.

"He spends a lot of time and goes over the history of the matter, which lets people express their feelings and frustration," Welles explained. "And he's just good at relating to people and allowing them to get their feelings out."

Shapiro added that Evans applies a calm but direct approach in his mediations.

"He is very civil. He is very understanding," Shapiro said. "He wants to create fairness, but there's no b.s. with John. ... I would not want to go to John if I wasn't ready to seriously talk about resolving the case. He doesn't want to waste time."

Welles agreed that Evans' calm approach is a key strong suit.

"He's very effective because of his judicial experience and just his general temperament in bringing the parties together and overcoming resistance and really providing a perspective where you can give them a realistic assessment of the case," Welles said. "He's just very good at diffusing strong emotions."

Evans made it clear, meanwhile, that he's very happy with his new career path.

"I love this work," he said. "It's just flat out enjoyable. I really couldn't ask for a better part-time job."

Here are some attorneys who have used Evans' services: G. Henry Welles, Best Best & Krieger LLP; Mary E. Gilstrap, Roemer & Harnik LLP; William D. Shapiro, William D. Shapiro Law Inc.; Daren E. Hengesbach, Murchison & Cumming LLP; Brian S. Harnik, Roemer & Harnik LLP.