An interview with John Derrick
“What types of cases do you mediate?”
I handle many different types of cases — commercial, real estate, personal injury, employment, professional malpractice, defamation, neighbor disputes of various types, probate, some (but not all) types of family law cases, and more.
Some cases are largely about money, at least on the surface. But often the underlying dynamic involves personal, emotional, reputational, anger, or resentment issues. So even if the resolution may involve a monetary payment — which is not always the case — getting to the point where settlement is possible can involve working through tough human issues.
As for the “size” of cases, I try to set my mediation rates at a reasonable level, so that my services are affordable to a wide range of litigants. For example, I have a special rate for cases involving less than $25,000. In many cases, there are issues at stake that could have very important — even life-changing — consequences to those involved, regardless of the amount of money at stake.
“What are some of the most challenging cases you have mediated?”
Recent examples that come to mind include a defamation suit in which someone sued his niece over allegations of sexual abuse. And one where someone sued a reality TV production company about invasion of privacy and being portrayed in a false light. Plus a number where the parties were members of the same family — with long histories of deep rifts — caught up in disputes over estates, trusts, or family businesses.
“What are some terms that describe you as mediator?”
“Diplomatic,” “well prepared,” “empathetic,” “persistent.”
“What is your approach to mediation?”
I avoid a one-size-fits-all approach. I try to get under the skin of every case, to understand the real interests of the parties. In some cases, the parties are looking for a somewhat evaluative approach, although that’s not always the best way to bring about a settlement. In many cases, what’s needed is a facilitator of communication. And some call for a creative approach, helping to identify interests that may have been overlooked. Most really require a subtle blend of techniques.
Ultimately, my role as a mediator is to lead a conversation about making difficult decisions, often in the face of uncertainty, to identify solutions that are better than continued litigation.
“In your law practice, have you generally represented plaintiffs or defendants?”
I have always been plaintiff/defendant neutral. My law practice as an advocate has long consisted only of appeals. And in appeals, there are no “plaintiffs” or “defendants.” There are “appellants,” the parties bringing the appeals — who might have been plaintiffs or defendants in the trial court. And there are “respondents” or “appellees” — the parties defending the appeal, who, again, might have been on either side of the case in the lower court. As a lawyer, I have always represented both appellants and respondents/appellees — and parties who were previously both plaintiffs and defendants.
So unlike trial lawyers, who often do have a distinct “plaintiff” or “defendant” background, I have absolutely no subliminal bias caused by my type of law practice.
“How does your experience as an appellate lawyer help you as a mediator?”
Cases that go up on appeal are the ones that did not settle at the trial court level. So I am very aware of the full cost — financial, human, and emotional — of litigating to the bitter end. And I am very familiar with the processes parties will have to go through if they do not settle. Sometimes, reviewing an appellate record is like watching a slow motion video of events moving to a bad outcome, and wishing one could do something to help — except the outcome has already occurred.
“Do you still handle appeals as a lawyer?”
Although mediation is increasingly my focus, I still handle select appeals.
“Is it true you have a British accent?”
Yes. But — contrary to what people in the U.S. sometimes tell me — this does not make what I say more erudite. Brits are capable of talking “rubbish” (as they would put it) as much as anyone else. So judge me on the substance of what I say, not on the accent that delivers it. Maybe, perhaps, the fact I’m obviously originally from somewhere else somehow helps bolster me as a “neutral.” But I’ve lived in Santa Barbara for 30 years. And my kids were born and raised here. So I think I understand the place, even if I sound like I just got off the plane from London.
“Talking of London, didn’t Dickens once write about a lawsuit there that never settled?”
Yes, he did indeed! Read his amusing description here.
I handle many different types of cases — commercial, real estate, personal injury, employment, professional malpractice, defamation, neighbor disputes of various types, probate, some (but not all) types of family law cases, and more.
Some cases are largely about money, at least on the surface. But often the underlying dynamic involves personal, emotional, reputational, anger, or resentment issues. So even if the resolution may involve a monetary payment — which is not always the case — getting to the point where settlement is possible can involve working through tough human issues.
As for the “size” of cases, I try to set my mediation rates at a reasonable level, so that my services are affordable to a wide range of litigants. For example, I have a special rate for cases involving less than $25,000. In many cases, there are issues at stake that could have very important — even life-changing — consequences to those involved, regardless of the amount of money at stake.
“What are some of the most challenging cases you have mediated?”
Recent examples that come to mind include a defamation suit in which someone sued his niece over allegations of sexual abuse. And one where someone sued a reality TV production company about invasion of privacy and being portrayed in a false light. Plus a number where the parties were members of the same family — with long histories of deep rifts — caught up in disputes over estates, trusts, or family businesses.
“What are some terms that describe you as mediator?”
“Diplomatic,” “well prepared,” “empathetic,” “persistent.”
“What is your approach to mediation?”
I avoid a one-size-fits-all approach. I try to get under the skin of every case, to understand the real interests of the parties. In some cases, the parties are looking for a somewhat evaluative approach, although that’s not always the best way to bring about a settlement. In many cases, what’s needed is a facilitator of communication. And some call for a creative approach, helping to identify interests that may have been overlooked. Most really require a subtle blend of techniques.
Ultimately, my role as a mediator is to lead a conversation about making difficult decisions, often in the face of uncertainty, to identify solutions that are better than continued litigation.
“In your law practice, have you generally represented plaintiffs or defendants?”
I have always been plaintiff/defendant neutral. My law practice as an advocate has long consisted only of appeals. And in appeals, there are no “plaintiffs” or “defendants.” There are “appellants,” the parties bringing the appeals — who might have been plaintiffs or defendants in the trial court. And there are “respondents” or “appellees” — the parties defending the appeal, who, again, might have been on either side of the case in the lower court. As a lawyer, I have always represented both appellants and respondents/appellees — and parties who were previously both plaintiffs and defendants.
So unlike trial lawyers, who often do have a distinct “plaintiff” or “defendant” background, I have absolutely no subliminal bias caused by my type of law practice.
“How does your experience as an appellate lawyer help you as a mediator?”
Cases that go up on appeal are the ones that did not settle at the trial court level. So I am very aware of the full cost — financial, human, and emotional — of litigating to the bitter end. And I am very familiar with the processes parties will have to go through if they do not settle. Sometimes, reviewing an appellate record is like watching a slow motion video of events moving to a bad outcome, and wishing one could do something to help — except the outcome has already occurred.
“Do you still handle appeals as a lawyer?”
Although mediation is increasingly my focus, I still handle select appeals.
“Is it true you have a British accent?”
Yes. But — contrary to what people in the U.S. sometimes tell me — this does not make what I say more erudite. Brits are capable of talking “rubbish” (as they would put it) as much as anyone else. So judge me on the substance of what I say, not on the accent that delivers it. Maybe, perhaps, the fact I’m obviously originally from somewhere else somehow helps bolster me as a “neutral.” But I’ve lived in Santa Barbara for 30 years. And my kids were born and raised here. So I think I understand the place, even if I sound like I just got off the plane from London.
“Talking of London, didn’t Dickens once write about a lawsuit there that never settled?”
Yes, he did indeed! Read his amusing description here.