Gerald S. Clay is a partner in the law firm of Stanton Clay Tom Chapman & Crumpton where he specializes in commercial and construction matters and in developing ADR techniques for the resolution of such disputes. He is the chair of the AAA’s Large, Complex Case Program (Hawaii region) and the chair of the Association’s Hawaii advisory council. He is co-author of Before You Sue—How to Get Justice Without Going to Court, a lay introduction to commercial mediation.
James K. Hoenig has written numerous works about dispute prevention and resolution processes. He holds a Ph.D. in psychology and formerly practiced litigation and corporation law. He is a member of the AAA’s national roster of mediators and arbitrators and a mediator for the Hawaii Supreme Court’s Appellate Conference Program. He is co-author of Hawaii Arbitration Law.
The willingness and ability to craft creative, collaborative solutions to disputes constitute the very foundation of the mediation process. The mediator, of course, plays a vital role; a skilled mediator “facilitates communication, encourages exchange of information and ideas, tests the reality of parties’ perceptions and ideas, advises, suggests, translates what is said to detoxify the emotional climate, and at times recommends and persuades, all in the service of assisting the parties to reach their own agreement.” The authors take us step-by-step through the particulars.