Most complex financial cases settle because trial of the case produces a result that is too uncertain and it is a public event. Private Arbitration is the perfect platform for avoiding public view and minimizing time and overall costs.
Kyle Johnson is known for achieving settlements in hard cases with challenging clients. He applies those same skills in the fields of early settlement, mediation, and arbitration.
Kyle's mediation philosophy is inclusive, borrowing from his legal career and his mediation/arbitration work and training. As an experienced trial and business lawyer who has actually tried cases, successfully handled negotiations, served as a mediator and an arbitrator, Kyle Johnson knows the pros and cons of litigation. Unlike the role of a judge who decide cases that are in litigation, where the outcome is entirely in his/her hands and is not designed to facilitate settlement, as a seasoned lawyer Kyle Johnson's perspective is that a mediation is first and foremost a negotiation. Each side has to negotiate for mediation to succeed and his role is to facilitate the process and provide legal and creative input and ideas along the way. Negotiation by its very nature implies compromise.
Of his style, Kyle says "My mediation style is Synergistic, engaging parties and counsel, understanding the case and the law that applies, and being flexible in approach. Legal positions and risks are evaluated, analyzed and discussed. Those who know me will vouch for my reasonableness and my even keeled approach. I do not believe that a successful mediation has to follow a particular formula. My reputation for creative approaches combined with reasonableness is well established. My goal as a mediator is to settle cases and resolve disputes." Settlement through mediation is greatly preferable to trial, and while it requires negotiation and compromise, the only certainty in going to trial is high legal fees.
Binding arbitration represents another alternative to trial. Kyle Johnson is also a highly trained and experienced arbitrator in such cases. In arbitration, his experienced knowledge law spanning over 40 years in this field gives him a unique objectivity in hearing cases that lead to sound and just decisions.
Combining compassion, intelligence, persistence, discretion and, when appropriate, humor, Kyle is dedicated to assisting the parties to think clearly and creatively and ultimately reach resolution.
A Summary of our Process
- Submission of case and scheduling a hearing
- Mediation agreement
- Background information: briefs, exhibits, valuations and the history of the dispute are submitted to us for our preparation prior to the hearing
- Hearing the case
- Issues and topics are identified
- Issues are discussed
- Problems are clarified and areas of agreement are identified
- Discussion of options and possible solutions for optimum results
- Summarize and clarify agreement terms
- Submission of case and scheduling a hearing
- Arbitration agreement
- Background information: briefs, exhibits, valuations and the history of the dispute are submitted to us for preparation for the hearing
- Prehearing conference to identify potential motions, discovery issues
- Hearing (can include):
- witnesses and parties testify under oath
- evidence presented
- witnesses are subpoenaed
- arbitrator may rule on objections to evidence or may reject evidence
- Closing Arguments
- Decision and award given
How we Approach Mediation and Arbitration
Kyle Johnson's approach is to thoroughly devote his extensive legal experience and dispute resolution training and experience, combined with strong, interpersonal, negotiation and counseling skills to work with each of the parties and their counsel to reach a prompt resolution that effectively and fundamentally addresses each party's interests and goals. The foundations of his approach are:
- Straightforward while building and maintaining trust and rapport.
- Respecting the decisions of counsel and their clients.
- Combining both evaluative and facilitative techniques as appropriate.
- Acquiring a deep understanding of the specific interests, relationships and motivations of each party.
- To listen carefully and to encourage and assist those at the negotiation table to do similarly.
- To provide realistic and straightforward feedback regarding the merits, strengths and weakness of respective positions.
- To provide a focused and optimistic outlook, and work tirelessly and efficiently to reach a satisfactory resolution even where the parities appear to be at impasse.
- To assist the parties to work effectively with issues of high emotional content so that clear communications and understandings can occur.
- To provide sufficient opportunity for discussion and analysis of the factual basis for the dispute, but then re-focus attention of the present and future ramifications of either continuing with the adversarial process or coming to agreement and moving forward with practical solutions.
- To provide an environment in which the parties are comfortable and therefore able to make wise decisions in addressing all of their interests and ultimately resolving their dispute.
- Helps parties to use objective criteria and determine which solution will produce optimum results
The Importance of Preparation
Kyle Johnson believes in the importance of thorough preparation in each case:
Extensively prepares for every case.
Carefully studies all briefs, exhibits, valuations, expert reports, and all other submissions provided by the parties and their counsel