Judgment Call

Retired judge Frederick L. Link spent more than four decades on the bench, but in his new role as a mediator, he says he's doing his best not to judge anymore.'

"What's the difference between a judge and a mediator? A judge many times listens but can also direct. It's not my job as a mediator to direct," Link said. "My job is to discuss with them, interact with them, guide them, but not to push. I think a judge pushes. I don't push. ... You've got to be very, very careful. You've got to analyze, but you don't judge."

A 1968 University of San Diego School of Law graduate, Link spent two years after he passed the bar working for the San Diego County District Attorney's Office before moving into private practice, where he defended clients in criminal and civil cases.

Link was appointed a Municipal Court judge in 1981 and was elected in 1990 to the San Diego County Superior Court.

"I did 20 years hard criminal, and then I did 21 years difficult civil. ... I had some very large civil trials," Link recalled. "In my last 10 years, I was also specializing in settling cases. ... So going to mediation was a natural step for me."

Link retired from the bench in May 2022 and joined the Judicate West portfolio of private neutrals in June that year. He's since been tackling professional malpractice, personal injury, real estate and business disputes as a mediator and an arbitrator.

He noted that arbitration work does allow him to employ a familiar skill set.

"It's a time when I'm able to now put on my judge glasses and make decisions ... and I enjoy that," Link explained. "But I can't be the demanding judge that I was. I have to have a soft gavel. But at the same time, I've got to decide something based on the facts and the law. And that's what I do."

Before his mediations, Link likes to receive briefs from all the parties and speak over the phone with counsel. He also noted that he's not afraid to venture beyond his office beforehand.

"If the case involves a scene that I can go to, I go to the scene," Link said. "I've done that on several cases, which kind of shocked the lawyers. ... They start arguing the case, and I'm saying, 'No, it's not that way. The hole's over here. It's not where you think it is.'"

San Diego plaintiffs' attorney Maria Kelly used Link to resolve two trip-and-fall cases and said he went out to examine the scene himself for both matters.

"He went out there, he looked around, and he got a feel for what each case was about," Kelly said. "I don't know of another mediator that would take the time to get out from behind the computer screen or behind the desk and go out there and put in the work. It was great."

Trip-and-fall claims are "so difficult to prove," she said. "And for the mediator to tell the other side, 'Hey, I was out there, and they're right. You guys need to come to the table.' It's just very significant."

Kelly added that she appreciates Link's fair approach.

"What's most important is he treated me and my clients with the same dignity and respect as the other side," Kelly said. "He was not dismissive. He did not say, 'Oh, you're just the solo. What the hell do you know?' ... There is no ego with Judge Link. He certainly has a right to have one, but he certainly doesn't show it."

Link noted that on the day of mediation, listening early to all the parties is critical. He usually waits to weigh in on the strengths and weaknesses of a case until he is asked.

"A mediator can't come on strong. That's not the mediator's job," Link said. "But sometimes, attorneys will ask me what I think or ask me to speak with their client. ... And I'll talk to the person. I'll say, 'I've seen almost every kind of case there is. I've seen these cases go to trial before juries, and your attorney thinks this is a decent settlement, and here's why I think he or she's right.'"

San Diego plaintiffs' attorney Dan L. Stanford tried a case before Link when he was on the bench and has since used him to mediate a legal malpractice case and an employment dispute.

"As a mediator, Judge Link is prepared; he's direct and he's effective," Stanford said. "And he's very good with clients."

Stanford added that Link applies a personable and empathetic approach with the parties.

"He soothes the client's high emotional feelings, and those especially exist in legal malpractice cases," Stanford said. "Because we're dealing with somebody who's had a bad experience with lawyers, and on the other side, we're dealing with lawyers, who don't like to be sued. ... And he is so effective with both sides, empathizing with their position and their situation, yet accurately predicting what the outcome might be at trial, which is very helpful in trying to settle a case."

Stanford said Link's vast trial experience while on the bench helps the neutral to apply a balanced approach.

"He's able to talk to both sides about the likely outcome of the cases at trial because he's had so many trials," Stanford explained. "And his predictions are very accurate regarding the outcome, which is so beneficial in mediation."

San Diego defense attorney Wyeth E. Burrows has used Link to resolve half a dozen personal injury disputes, and he agreed that the retired judge's extensive trial experience sets him apart as a mediator.

"He presided over significantly more trials than I think a lot of judges do," Burrows said. "That background gives him the credibility to tell you when you're looking at the evidence the wrong way, and that is, I think, when he's at his most effective."

Like Stanford, Burrows said Link is terrific with clients.

"We spend a lot of time talking about ... plaintiff attorneys managing their clients' expectations, but defense attorneys face challenges managing clients' expectations, as well," Burrows said. "Judge Link's experience on the bench and his personality both lend themselves to helping reset those expectations and ultimately getting cases done."

Here are some attorneys who have used Link's services: Dan L. Stanford, Stanford & Associates; Maria Kelly, Kelly Law; Wyeth E. Burrows, Burrows & Stutsman LLP; Kimberly S. Oberrecht, Horton, Oberrecht & Kirkpatrick; Douglas D. Guy, Gates, Gonter, Guy, Proudfoot & Muench.