An Unexpected Honor and a Lasting Legacy

1. What inspired the creation of the appellate mediation program at the Sixth District Court of Appeal?

When I moved from the trial court to the Court of Appeal, I just assumed we’d have a mediation program. At the trial court, we believed in the concept that courthouses should have multiple doors—not just a litigation track. But there wasn’t anything like that here. It took some time to get traction, but eventually, with support from the court—especially the court’s managing attorney, Marina Meyere—we were able to build something from scratch. We visited other courts with successful programs and brought back the best ideas. It was all done on a shoestring budget, but we made it work.

2. What were the biggest challenges you faced starting the program?

Well, for one, we had no money and no staff. No space, either. But we had the will. We kept it simple—voluntary, early in the appellate process and focused on making it as easy to deliver as possible. We also had strong support internally. Justice Patricia Bamattre-Manoukian, in particular, was a big advocate. She coined our motto: It’s never too late. That stuck.

3. What makes appellate mediation different from other types of mediation?

The basics are the same, but the perspective is different. At the appellate level, you’ve got one side that feels like they’ve already won and another that thinks the judge or jury got it completely wrong. So, getting both to the table again is a unique challenge. But part of the mediator’s role is helping everyone understand what’s ahead—how expensive, time-consuming and uncertain the appellate process can be. Even the winning party risks a reversal, a remand or just more years tied up in court. That’s often enough incentive to take a second look at settlement.

4. How does this program benefit lawyers and litigants who may not be familiar with appellate law?

It gives them a chance to stop and evaluate before they’re deep into the costs of transcripts, briefs, attorneys’ fees and years of litigation. And for lawyers with limited appellate experience, it's a learning opportunity. The process helps people see the bigger picture—what their case really looks like from an appellate review standpoint—and that perspective can completely change how they approach resolution.

5. Can you share a story that illustrates the impact of the program?

One case stands out while I was still on the court: It came in right before oral argument, which is unusual because that’s pretty late in the process and our program was designed for mediation at the earliest possible time. The case had already been assigned to a different panel, but they asked if I’d mediate it through the program. It was satisfying to see it settle that late in the game. It showed our motto really meant something: It is never too late.

6. What makes this program such a valuable opportunity for volunteers?

For starters, it is personally gratifying, as all pro bono work should be. But it’s also great practical experience. These aren’t small claims. Even though the stakes may not always be in the millions, the issues can be substantial. And it’s a way to build up skills in mediation, in general and appellate mediation in particular. I think it’s another avenue for broadening one’s experience for attorneys who are thinking about shifting into ADR work. At times, the court has been able to provide intensive specialized mediation training for its volunteers. You can hone your skills while benefiting the court and the parties.

7. How did you approach recruiting mediators when the program first started?

We cast a wide net. We reached out to the local bar in Santa Clara County and beyond—anyone in the appellate bar, really: retired judges, active practitioners, attorneys interested in learning more about appellate work. These days, with remote platforms like Zoom, I imagine they’re bringing in people from all over. When we started, it was whoever was willing and available, and we made it work.

8. Why should courts offer mediation programs like this, especially at the appellate level?

Courts should be more than a place to litigate; they should be a place to resolve. This gives parties another door to walk through, and it’s one that can save them years of time and money. Especially for civil cases, which often get pushed to the back of the line behind criminal cases with strict deadlines, this can be a real lifeline. It’s about efficiency, but also about giving people control over their outcomes again.

9. What did it mean to have the award named after you, and how do you reflect on the legacy of the program?

To be honest, they did an amazing job of keeping me in the dark. It was a complete surprise! I didn’t even bring my wife because I thought it was just another event full of judges and lawyers and too much food. But seriously, it was incredibly humbling. The plaque they gave me was beautiful. I’ve been retired from the Sixth District for over 14 years, and while I was touched to be recognized, what really mattered to me the most was knowing the program had endured—surviving budget cuts, the COVID years and everything else that could have derailed it. To see it still active, still helping people, reminded me of other efforts I was part of—like the Senior Legal Services office we started in Santa Cruz back in the ’70s, which is also still going strong. It’s fulfilling to know that efforts you put your heart into can continue serving others long after you’ve stepped away. But many others have been a part of this legacy, and I accepted the award with all of them in mind.