The Mediation Offices of Lee Jay Berman

05/30/2026

We're Mediators, of course we study together with faculty from Harvard Law School , Harvard Kennedy School, and The Harvard Law - Program On Negotiation when we're in Boston!

We're Mediators, of course we study creativity and improvisation with faculty from the Berklee College of Music when we're in Boston!

We're Mediators, of course we walk the Boston Commons and discuss Revolutionary War history when we're in Boston.
Master Mediators need to learn from all of it.

Thank you to my colleagues in the International Academy of Mediators, and to Harvard's Sheila Heen (my favorite), Daniel Shapiro, Robert Bordone, and David Hoffmann , and to Berklee's Reggie Gibson for teaching us all this weekend!

Improvisation is where thinking stops and feeling and intuition take over. That is where a Master Mediator lives.

Mastery is not virtuosity.
Virtuosity is impressive.
But mastery is truly owning it.

05/15/2026

A note about MEDIATOR SELECTION for counsel facing difficult, high-stakes disputes.

Mediation in civil litigation has evolved dramatically over the past 30 years. Yet too often, mediator selection still relies on shorthand: “Joe is good.” or “We need a retired judge for this one.”

That is not enough.

Lawyers invest serious time in attending CLE seminars learning how to select arbitrators and jurors. But if roughly 95% of cases resolve before trial, then mediator selection deserves the same level of diligence.

I was recently retained for a complex commercial mediation with a mid-eight-figure demand. None of the lawyers had worked with me before - I came recommended by a colleague they trusted, but wisely, both lead counsel still scheduled separate 30-minute Zoom interviews with me before selecting me to mediate it with them.

They asked about my approach. They wanted to know whether I understood the legal, business, and client dynamics. They described the global brand issues, Dutch law that applied, ICC arbitration, valuation disputes, franchise dynamics, private equity ownership, and the personal challenges affecting the decision-makers.

Only after that thorough process did they agree to use me. And after that, they did so with confidence, and put it into my hands to manage.

Together, we designed a two-day mediation in London, structured around who needed to be in the room, when people were flying in and how rested they would be, and what submissions would best prepare the process.

The case required more than legal experience. It required someone who could navigate foreign law issues, valuation gaps, business realities, emotional dynamics, and a lot of high stakes negotiation strategy (the gap began at $60,000,000 and $3,800,000). It also required someone with the stamina to mediate 12 hours a day for two long days, and keep everyone engaged.

No offers were exchanged for two days. At my urging for this case, we negotiated only through conditional brackets until the matter resolved. This allowed everyone to save face throughout the entire process, which this case needed.

At the end, opposing counsel hugged each other (and me!). The respondent’s representative showed real empathy for the claimant, even though she had been the one charged with terminating the contracts. The claimant’s aging patriarch left with his dignity restored.

That is what the right mediator can help make possible.

Every case requires a different mediator with unique skills. But complex cases require more than status, résumé lines, or prior titles. They require the right fit, the right skills, and the right experience.

In 2026, it is time for counsel to elevate their mediator due diligence. Your clients deserve more. Matching the right mediator to your case and clients is not just good practice, dare I say, it is counsel’s obligation.

05/09/2026

A couple of days ago, I posted about a 2-day mediation I did in London, and how it ended with a feel good moment with opposing counsel all hugging each other when it was over. While that fairytale ending was exceptional, for my legal and mediation friends, here is Paul Harvey's "Rest of the Story".

The case was scheduled for a week-long ICC arbitration in New York a month after our mediation date. It involved a PE-owned global brand, and was tricky because Dutch law applied, with (arguably) the EU's ECJ oversight. It pivoted on a Belgian case, and the ICC arbitrators were all American. Both sides had experts in Dutch law (Ph.D. professors), forensic accountants, and highly respected valuation experts.

The opening number in Claimant's mediation statement was $60,000,000 USD, and Respondent's was $3,800,000. With very well respected and seasoned counsel on both sides, where one side was incredibly analytical, and the other side very passionate and resolute, we settled the case in eight figures using nothing but brackets for two full days!

When we talk about complex cases needing a "Complete Mediator", or a "Master Mediator", or we make the baseball analogy of a 5-tool player, this case absolutely needed someone with a good understanding of the law, an understanding of business and how franchises work - legally and practically, how decision-making works in the C-suite of a PE owned portfolio company, and of course intensely strong negotiation skills.

My next post will deal with mediator selection, I just wanted to share with you all unique complexities with which this case started, and the distance we traveled to get to the happy ending. - for those who are in the trenches every day and understand this. Thanks for your interest in it.






Lee.Jay Berman
American Institute of Mediation (AIM Institute)

05/07/2026

THERE WAS A PERFECT STORM IN LONDON TODAY. Make no mistake, the weather outside was perfect (60° and sunny), but inside the mediation room, this case brought together the best of everything, and brought out the best in everyone. I don't know that I can ever remember opposing counsel asking at the end of a case if they could meet in a separate room with me, and using that opportunity to all hug each other in celebration and gratitude. It's not that it was easy, it was actually a very tough lift, but it worked so beautifully because we had very seasoned counsel who all knew and respected each other from decades of cases together. They had clients who were intelligent and straight shooters. We had a sympathetic claimant, who was also very strong and determined. We had a very large corporate respondent who was a tough negotiator, but also had empathy. After almost 24 hours of mediation over 2 days (to be fair, the last 3 hours were spent drafting a pre-prepared Settlement Agreement and getting corporate approval and signatures from America), we reached an 8-figure settlement that actually left both sides feeling quite OK. Without any of these variables, the outcome could never have been the same. Please pardon the long post, but everyone in this mediation deserves so much respect and gratitude that I just felt lucky and honored to get to work with them all to help them avoid next month's week-long ICC arbitration in NYC. My apologies (as always) to my arbitrator colleagues, but trust me, your parties are much better off this way.





Lee Jay Berman public page
Lee.Jay Berman personal

05/06/2026

My Mediation View today. London. 11 1/2 hours and meaningful progress on Day 1. Satisfying first day. Having good lawyers and sophisticated parties on both sides makes all the difference. Hopefully tomorrow ends by letting three ICC arbitrators in New York know they get a week off next month. 😊




Lee Jay Berman

03/19/2026

I'm very proud to be celebrating 26 Years as a panelist with the American Arbitration Association, and more recently with the International Centre for Dispute Resolution. I'm grateful for the relationships, the education, and the opportunities this association continues to provide after all of these years. Please ask for me when you need a:

> Master Mediator - Employment Mediation Panel
> Featured Los Angeles Construction Mediation Panel (coming soon)
> Commercial Mediation Panelist
> Entertainment Mediation Panelist
> Insurance Mediation Panelist
> ICDR International Mediator


Lee Jay Berman

03/05/2026



THE VAULT.

This is my new logo, just a bit enhanced for this post. It's an update from the old bridge design I've been using - it was a bit static. In my mediations, it's the motion, the movement that I believe is what's important. I provide for people a bridge from "here" to "there". Up and away from the "here", to the next place, wherever that may be.

Because of my clientele, I do it with total confidentiality. What clientele, you ask? You didn't know that I've mediated with an Oscar winning actress, or with one of the world's best known talk show hosts? Or with the All-NBA player, an NFL Hall of Fame Quarterback, or the US Olympic Gold Medal Sprinter? Or between the State Supreme Court Chief Justice and that state's Court Administrator (think COO)? Not to mention the Rock Bands (if you've listened to some of the podcasts on my YouTube channel, you've heard all about them, and seen where Music Connection Magazine named me "The Band Whisperer"). Or that I've helped resolve Billions of dollars of music royalty disputes. Or the disputes between the leadership of a controversial Presidential Library, or the one about a US national port that had well over $100,000,000 at stake. And, I have about 3,000 more.

The reason you don't know about these cases is because I believe, above all, in the complete and total confidentiality of the mediation process. Some call it a privilege, but in California, it is statutory. Strict inadmissibility. The people I work with know my rules - you cannot mention me in the press, and I will never mention you. If a judge tries to order me to testify, I am bringing my toothbrush.

Mediation is quite literally the last remaining vestige of confidentiality in our land - where people can come together and talk to each other, with a facilitator, and have it be completely confidential. No judge can order any of us to disclose what was discussed. No social media, no press corps, and if there's to be a press release, we draft it all together, with everyone's counsel, so that it is mutual, neutral, and emphasizes the positive, the progress, the resolution, the peace.

Everyone leaves my mediations looking good.
Except for me.
I'm invisible.
I am the vault.

03/04/2026

THE VAULT.

This is my new logo, just a bit enhanced for this post. It's an update from the old bridge design I've been using - it was a bit static. In my mediations, it's the motion, the movement that I believe is what's important. I provide for people a bridge from "here" to "there". Up and away from the "here", to the next place, wherever that may be.

Because of my clientele, I do it with total confidentiality. What clientele, you ask? You didn't know that I've mediated with an Oscar winning actress, or with one of the world's best known talk show hosts? Or with the All-NBA player, an NFL Hall of Fame Quarterback, or the US Olympic Gold Medal Sprinter? Or between the State Supreme Court Chief Justice and that state's Court Administrator (think COO)? Not to mention the Rock Bands (if you've listened to some of the podcasts on my YouTube channel, you've heard all about them, and seen where Music Connection Magazine named me "The Band Whisperer"). Or that I've helped resolve Billions of dollars of music royalty disputes. Or the disputes between the leadership of a controversial Presidential Library, or the one about a US national port that had well over $100,000,000 at stake. And, I have about 3,000 more.

The reason you don't know about these cases is because I believe, above all, in the complete and total confidentiality of the mediation process. Some call it a privilege, but in California, it is statutory. Strict inadmissibility. The people I work with know my rules - you cannot mention me in the press, and I will never mention you. If a judge tries to order me to testify, I am bringing my toothbrush.

Mediation is quite literally the last remaining vestige of confidentiality in our land - where people can come together and talk to each other, with a facilitator, and have it be completely confidential. No judge can order any of us to disclose what was discussed. No social media, no press corps, and if there's to be a press release, we draft it all together, with everyone's counsel, so that it is mutual, neutral, and emphasizes the positive, the progress, the resolution, the peace.

Everyone leaves my mediations looking good.
Except for me.
I'm invisible.
I am the vault.

03/04/2026

02/10/2026

I have long been a believer that counsel in commercial mediations can do a better job of interviewing and researching their mediators as a part of the selection process. As mediation has become a household word, and a responsible embedded part of the litigation process, litigators owe it to their clients to do more than "ask around" or send a note to a listserve.

To assist with that, I have a YouTube channel with a collection of talks and interviews to help counsel explore my competencies and learn about the style that makes me successful as a mediator. (Feel free to subscribe for updates.)

https://www.youtube.com/leejayberman

Feel free to reach out with questions or thoughts. And as most of you know, I always welcome a phone call from you or your opposing counsel to discuss a case as you are deciding who the right mediator is for your case. Matching the right mediator to your case may be the most important decision you make in your pre-trial process, and it deserves that kind of prioritization and investment.

Lee Jay Berman on Conflict, Mediation and Negotiation.