The JAMS Fellowship: One Year Later

One of JAMS’ broader goals is to increase diversity in the alternative dispute resolution (ADR) space so that resolution panels better reflect the communities they serve. In 2021, JAMS selected three diverse fellows to take part in its newly launched Diversity Fellowship Program, designed to provide training, mentorship, sponsorship and networking opportunities to up-and-coming diverse ADR professionals. One year later, we spoke with our three fellows about their experiences with the fellowship and completing the program.

Please provide a quick snapshot of your professional journey.

Cyrus Dugger: I went to NYU law school at the same time as Genesis, actually. Following that, I was a senior fellow in civil justice for a think tank called the Drum Major Institute, then clerked for the Honorable Victoria A. Roberts in the Eastern District of Michigan. Following my clerkship, I worked as a legal services attorney defending homeowners from foreclosure and litigating predatory lending cases in federal and state court for two and a half years. After subsequently working as an Associate for Outten & Golden LLP for more than two years, primarily working on plaintiff-side employment discrimination and wage and hour class actions, I started my own firm in 2014, handling plaintiffs’ side—litigation and negotiation of discrimination and wage and hour matters.

Genesis Fisher: I originally had a 10-year plan after graduating law school. I wanted to do civil rights on a macro level nationally, and then do direct services on a micro level. I started with a fellowship with the Southern Poverty Law Center. I returned to New York as a public defender for Legal Aid in Brooklyn for eight years. Following that, I left the criminal justice field to start a firm providing conflict resolution for businesses, orgs and families. I have been an Adjunct Law Professor since 2014 and am currently the Director of the Mediation Clinic at New York Law School.

Rachel Gupta: After law school, I worked as a litigation associate for two law firms in New York City, focusing on financial, securities, insurance and employment litigation. Then, in late 2010, in the wake of the financial crisis, I went in-house to a financial guaranty insurance company. Over the nine years that I was there, I had a wide range of responsibilities, including managing a portfolio of high-stakes commercial litigation. I then moved to a small private investment management firm, helping them with litigation investment strategies, compliance protocols and other legal matters. In 2020 I started my own ADR practice.

What piqued your interest in ADR?

Cyrus Dugger: My interest in ADR grew out of my advocacy work for my clients. For the first five years in my firm, I was litigating and negotiating cases, but I wasn’t going to mediation very often. But when I started doing that, I was getting as good, or better results for my employee clients than litigation, when considering the toll taken on the employee, and the time and cost, involved in litigation, at least as opposed to an early negotiated resolution. I also noticed how happy mediators I worked with were and how effective mediation could be, so I applied to the EDNY Incubator Pilot Mediation shortly before COVID-19 first hit, and eventually graduated from the program to join the EDNY panel as a mediator.

Genesis Fisher: Towards the end of my time with Legal Aid, I was preparing to do national policy work again. But, to be honest, by that time I was feeling a little burnt out. I interviewed at some places, but nothing really seemed like a good fit for the person that I was at the time. So I was walking home one day and I saw this couple arguing, and for whatever reason, I stopped to help them. I separated them and talked to them individually, then together, and helped them air out their problem. It was essentially an impromptu mini-mediation. I loved it and decided then and there that mediation was what I wanted to do. From there, I got trained and certified and started doing community and family mediation as well as teaching.

Rachel Gupta: Around 2016, I started looking to make a move and thought that I wanted to continue climbing the corporate ladder as in-house counsel. But after competitively interviewing for months for a job I thought I really wanted, and then getting the offer, I realized this wasn’t what I wanted for my future. It was a few months later, during a mediation that I was participating in for my company, that I realized I was interested in turning my attention towards resolving disputes rather than litigating them. 

What attracted you to apply for the JAMS Fellowship?

Cyrus Dugger: JAMS neutral Dina Jansenson was the co-trainer in my first mediation at the NYC Bar Association and a big reason I got into ADR. JAMS neutral Steve Sonnenberg was my mentor in the NYU incubator program. So having those contacts but also seeing Steve do so well in his mediation and knowing he had recently switched from doing defense advocacy work provided a blueprint for me to try to make the same leap as a plaintiff’s counsel.

Genesis Fisher: When I first joined the mediation field, I remember hearing about JAMS, and they had such a good reputation. I was in contact with a lot of people at JAMS through boards, facilitated dialogues, committees. I was on a diversity panel with someone from JAMS and heard they were expanding their diversity outreach program, so I knew I wanted to be a part of that.

Rachel Gupta: JAMS neutrals have always had the reputation of being at the top of the field. In fact, the first mediation I ever participated in as an associate was with David Geronemus. And over the course of my career as an attorney, JAMS was regularly who we hired for mediations. When I heard about the fellowship, I jumped at the opportunity to learn from JAMS neutrals. At this stage of my ADR career, it seemed like perfect timing for me. It was a no-brainer.

What were some of the highlights of the fellowship?

Cyrus Dugger: I think the biggest highlight was getting the chance to talk with and observe mediators. In addition, during my opportunity to work with JAMS Solutions, I was able to both observe and co-facilitate higher-education group mediations, which gave me experience with an entire new set of mediation skills.

Genesis Fisher: Co-authoring a blogpost with Shirish Gupta was great. Being part of the JAMS Solutions project and learning new mediation and facilitative skills. Shadowing to study different approaches and styles and seeing how personality comes through in a case. Learning the decision-making process in arbitrations, what their requirements are and how issues of fairness come into play versus a traditional courtroom.

Rachel Gupta: Being able to shadow various neutrals in mediation has been invaluable. Learning from mediators I admire, and some who I have hired as an attorney, helped me grow as a mediator. I also enjoyed getting to co-author a blog post that got picked up by Law360, and has led to multiple speaking opportunities. I’d also add that I’ve really enjoyed getting to know my mentor and advisor, Vivien Shelanski and Shirish Gupta—they have both been incredibly supportive.

Tell us about the mentorship opportunity presented in the fellowship.

Genesis Fisher: Robin Gise was my mentor. She was great, and the one-on-one time allowed me to really get in the weeds with my questions about technique or approach matters. It also gave me a chance to ask for career advice. We had some Zoom calls as well as coffee sessions, and it’s just nice to have someone there with you during the entirety of the fellowship to guide you.

Cyrus Dugger: Michael Lewis was my senior advisor, and Steve Sonnenberg was my mentor. In law school I applied to a fellowship with an advocacy proposal regarding historical race discrimination by the FHA against Black Americans in the 1940s and beyond, which was significantly influenced by the Pigford Black farmers USDA lending discrimination litigation that Michael had helped mediate. I got to speak with someone who was originally part of the first mediations for what in my view was a significant part of legal history. It was amazing to be able to pick the brain of someone who had worked through that unique mediation puzzle. With Steve, I had worked with him in my incubator program, as I mentioned before, but it was fantastic to be able to reach out and get mediation advice and career advice from an amazing mediator.

Rachel Gupta: Vivien Shelanski was my mentor, and Shirish Gupta was my advisor. I couldn’t have asked for better pairings. Vivien has been a great mentor; she’s incredibly supportive. She’s not only provided shadowing opportunities, but she’s been available on a moment’s notice when I needed advice in connection with an arbitration or to talk through various experiences I’ve had in mediation. Shirish has also been really helpful in connection with providing career advice. In addition to making sure he was as accessible as possible, he also invited me to shadow him and helped introduce me to others in the field.

What advice do you have for future fellows?

Cyrus Dugger: When you have questions, don’t be afraid to ask. Everyone was very receptive to speaking with me and made their time available, so don’t be afraid to ask as many questions as you have. And finally, just enjoy it. There’s a lot of people who would love to be able to experience the things you experience in this fellowship, so enjoy the ride while you’re on it.

Genesis Fisher: Whoever is selected I’m sure will be very driven and have a plan. But be flexible. The things you learn in this fellowship might change your outlook and alter what your original plans might have been, so be open, be flexible and just be a sponge.

Rachel Gupta: Be proactive and ready to learn. The JAMS folks are really committed to providing whatever resources, opportunities and assistance they can. If there is something specific the fellows want, they just need to communicate it so that JAMS knows what they want to achieve. If there are specific practice areas or individuals you want to meet, don’t be afraid to ask. And just keep your ears and eyes open in every opportunity because there is so much to learn from the JAMS community.