Author - William M. Levine, Esq
I began the path to mediation and arbitration at Levine Dispute Resolution Center LLC in 1990. After a dozen years of litigating family law cases (two and a half years as a child abuse and neglect lawyer for the Commonwealth of Massachusetts and then as a divorce lawyer in private practice), I already knew that I would want to have a second career. Did I think it would take 21 years to get there? Maybe. It started when, I saw that the American Academy of Matrimonial Lawyers (AAML) was offering training in matrimonial arbitration and I immediately saw that there was a path to using the knowledge and skills of the law office and the courtroom in a way to simplify, streamline and apply intellectual skills and judgment to family law problems; and to thereby mitigate the impact of divorce and related disputes on families in distress. It also offered to the arbitrator the opportunity to work in a private setting, without the restrictions of the public sector, and to make a living in a way that is less tied to the extremes of the public litigation system, and its stressful impact on families – both the clients and the lawyers. I thought that I could blend this work into my litigation practice and both build a new one within, and eventually perhaps, segue to arbitration as my primary work.
What I learned, though, was that family law arbitration was a concept whose time had not yet come to Massachusetts. While some lawyers and clients understood its benefits and pursued them on occasion (and I was fortunate to have some of the find me), this was a field that was (and still is frankly) in its infancy, here, and mostly elsewhere. I never stopped believing in its benefits and potential. In 1995, AAML offered another avenue which had greater currency in the family law marketplace but to which I had had little exposure: mediation. This process had been anathema to the hard-bitten divorce litigation elite that formed the AAML in 1962, but forces within the organization had fought for the chance to introduce and teach this discipline to the formerly negotiation-or-trial-only-oriented fellowship. This training opened another personal window onto the resolution of family law disputes in a less adversarial, sometimes more effective and if successful, far less bruising process for families and practitioners alike.
From that point forward, I knew that I would have a second career. I just didn’t know when..
From 1995, while my law practice continued to grow as a traditional representation of clients in the negotiation, trial and appeal of family law case, I also pursued mediation and arbitration work. I continued (and still do) to pursue (and teach) professional trainings in both areas, and I served for many years on arbitration committees, including as national chair of the arbitration committee of AAML from 2006 to 2009, and for the state AAML chapter before and after. From all of this activity, I learned two critical things: 1) that these alternative dispute processes do work, often well and efficiently, for a broad variety of people and subject areas; and 2) that you just can’t build a sustaining and satisfying practice doing them within the structure of a litigation law firm.
So, after 30 years in the best law collaboration and partnership that any lawyer could possibly wish for, after three successful decades of negotiating, trying and appealing high end and complex family law cases – while pursing ADR as an interesting and satisfying adjunct – I find myself now jumping off the professional ledge into the world of fulltime mediation and arbitration practice. The fact that I am doing it while I am young enough to make it an energetic and, I hope, dynamic practice is a bonus, but one that pales next to the chance to do it with my life partner and wife, who is now my business partner, too!
Will we take part in pushing arbitration to the next level? Will we establish a high level mediation and arbitration firm that creates a new paradigm for such a practice? Stay tuned, and join us in pursuing this dream.!