By Susan Dinneen
Strauss Massey Dinneen

For me, one of the most valuable aspects of attending the Pepperdine’s Mediating the Litigated Case program was the faculty. The course is taught by nationally recognized mediators, former judges, and former trial lawyers who have collectively mediated and adjudicated thousands of cases across a wide range of industries and dispute types.

That experience matters.

These instructors do not teach mediation as an academic exercise, but from lived practice — what works, what fails, and what lawyers routinely misunderstand about the mediation process. Their insights are grounded in the realities of high-stakes disputes, where parties are risk-averse, emotions run high, and decision-making authority may be fragmented or unclear.

A recurring theme throughout the course is judgment. Effective mediation is not about following a script. It is about reading the room, understanding personalities, recognizing when to push and when to pause, and knowing how to reframe issues without alienating the participants.

The faculty emphasized that credibility — both of the mediator and the advocates — is often the most powerful tool in the room.

Former judges bring a particularly valuable perspective. Having presided over trials and settlement conferences, they understand how cases look from the bench, how risk is evaluated at different stages, and how litigation momentum can shift unexpectedly.

Their instruction reinforced the importance of preparing for mediation with the same seriousness and strategic rigor as trial preparation.

Learning directly from professionals who successfully made the transition from litigation to mediation also provided insight into the ethical and professional responsibilities unique to attorney-mediators. Issues such as neutrality, confidentiality, conflicts, and the limits of providing legal input were addressed candidly and practically.

This depth of instruction elevated the course beyond standard mediation training. It reinforced that effective dispute resolution is a craft — one refined through experience, reflection, and disciplined practice.