For longtime neutral Lizbeth L. Hasse, transparency is an essential catalyst for resolution.
"That doesn't mean that as a mediator I am disclosing confidences," Hasse said. "But it does mean that I need to be honest and open with each side about what's going on in the other room in terms of what their appetite looks like, what their concerns are. And that parties and counsel need to be equally transparent with me."
A 1982 UC Berkeley School of Law graduate, Hasse spent more than three decades as a civil litigator, handling intellectual property, antitrust, entertainment, media, and commercial disputes. She began mediating and arbitrating in the late 1990s and found neutral work particularly gratifying.
"I think I'm a problem solver," Hasse said. "Most lawyers who are litigators and advocates also pride themselves on being problem solvers, but ... as a zealous representative for your client, you sometimes aren't solving the problem."
Hasse joined JAMS as a full-time neutral in 2016. Over the past several years, her arbitration practice has grown considerably, and her time is now divided roughly evenly between mediation and arbitration.
Many of her arbitrations involve employment disputes, while her mediation practice includes significant intellectual property work. Patent infringement and licensing disputes, she noted, are less likely to be arbitrated because parties may be reluctant to risk a large, unappealable award.
Hasse describes herself as a "managerial arbitrator" who begins shaping the process at the first preliminary meeting with counsel.
"There's a real creative element in the arbitration," she said, particularly in determining how to resolve a dispute with "minimal time and controlling costs and minimal disruption in daily business."
As a mediator, Hasse said settlements frequently hinge on more than money. She prefers to explore those issues during pre-mediation discussions with counsel and, when appropriate, the parties.
"I'm looking to really understand what's at stake, ... who they think should be at the table and what they think should be on the table," she said.
That might include an ongoing business relationship, a licensing agreement or another non-monetary term essential to resolution.
"So many cases are not just about a number," Hasse said.
That philosophy also explains her reluctance to make mediator's proposals too early. Hasse views them as useful closing tools, but only after the parties have engaged seriously in negotiations and addressed non-monetary issues.
"People will come in and after an hour say they just want a mediator's proposal," she said. But determining where both sides might stretch enough to settle "takes real effort at negotiation."
Attorneys who have worked with Hasse praised her preparation, persistence and understated approach.
San Francisco plaintiffs' attorney Angela M. Alioto, who used Hasse to resolve a personal injury dispute, said she was impressed by how thoroughly Hasse prepared.
"She was well-read, which I can't tell you how much I appreciate," Alioto said. "She was an excellent mediator -- very fair to both sides and was extremely eager to get a resolution."
San Jose litigator Edward A. Kraus, who used Hasse in a complicated corporate dispute, similarly praised her ability to identify the important issues.
"She gets right to the issues," Kraus said. "She also did a very good job, I think, of working through the various complications of the case, and she's very good in terms of getting to know the parties and working to understand them."
Kraus also described Hasse as flexible and creative.
"She's just really good at figuring out where the issues are and then working towards a resolution," he said.
San Francisco litigator Anne Marie Murphy, who used Hasse in a complex environmental tort matter, highlighted her persistence.
"She really knows how to keep parties going forward in a complicated case, where it's obvious that there's much more than a single day of mediation needed," Murphy said.
But persistence does not mean pounding the table.
"She rolls up her sleeves, and she's a hard worker," Murphy said. "But she isn't the type of mediator that's going to be really loud, banging her hands on the table and being overly aggressive."
Murphy said Hasse is particularly effective in complex cases requiring sustained attention.
"She's very good with her follow-up," Murphy said. "You don't ever see her dropping any balls."
Here are some attorneys who have used Hasse's services: Edward A. Kraus, Silicon Valley Law Group; Anne Marie Murphy, Cotchett, Pitre & McCarthy LLP; Angela M. Alioto, Law Offices of Mayor Joseph L. Alioto & Angela Alioto PLC; Kalpana Srinivasan, Susman Godfrey LLP; Edward L. Seidel, Womble Bond Dickinson (US) LLP