Jeff Kichaven

Statewide

Insurance Coverage, Intellectual Property, Professional Liability

• Ranked in Chambers USA 2018

• I customize each mediation. A one-size-fits-all approach does not work. Lawyers often tell me, "This was unlike any other mediation I've ever attended." My response is, yes, it's been different from any other mediation I've ever attended as well.

• I don't engage in shuttle diplomacy as my only tool. While it is sometimes appropriate for the mediator to carry messages back and forth between the sides, those moments are far less frequent than unskilled mediators would have you believe. I encourage direct communication between the sides. Sometimes, it's a matter of having everyone together in a joint session. Sometimes, it's bringing the lawyers together to talk with each other.

• I don't lie to get people to make deals. There is a concept in mediation literature - believe it or not - called constructive deception. I will not elevate the goal of making the deal over the goal of helping people make clear, strong decisions. The irony is that the less you pressure people to settle, the more cases settle. When people are given time and space to process the options, they're more likely to settle than if they feel they're being sledge-hammered for the sake of settling.

• I don't approach mediation as a feel-good kumbaya. I blend a friendly personality and soft demeanor with a rock hard and rigorous legal analysis of the strengths and weaknesses of any issue.

The only "force" that works well in mediation is the force of logic. In high-end cases, top-flight attorneys and their clients are bully-proof. You can't scare them. So it's not so much a matter of forcing cases to settle as letting them settle. The people who come to my mediations are not stupid. They're smart and successful. They'll make the right decisions, given the chance.

That's how we get tough cases settled.

jk@jeffkichaven.com

888-425-2520

www.jeffkichaven.com