Michael Mullin
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Why Mediate?
Most large, national law firms do not formally offer mediation-as-neutral services because the process can negatively impact their litigation revenues. However, Kutak Rock has found mediation services to be a natural expansion of its mission to provide excellent legal and client services at extremely reasonable rates.
While Kutak Rock litigators regularly represent their clients in mediations, a select group of attorneys comprise Kutak Rock’s Mediation Neutrals Group. They are trained to assist parties in reaching a mutually acceptable resolution of their dispute. The mediators are impartial, neutral and unbiased and make no decisions for the parties. The mediators do not provide legal advice or counsel.
Mediation is a personal, interactive, problem-solving method used to improve understanding and resolve problems in the most beneficial way for everyone involved. Emphasis is placed on all parties involved being heard and understood, and the process is private, confidential and considerably less expensive than protracted litigation.
Benefits to mediation include improved communication, the use of constructive problem-solving, control over the outcome, a collaborative resolution and, therefore, increased likelihood of follow-through. Additionally, mediation makes business sense, given that its cost is substantially less than that of extended litigation.
The mediation facilitator is an impartial, neutral and unbiased third party who assists all participants with communicating perspectives clearly, clarifying issues, exploring options and reaching and implementing agreements, if possible. The facilitator controls the process, not the content, and has no authority to make a judgment or influence any decision. Sessions are bound by statutory confidentiality provisions unless subject to open meetings law.
Michael G. Mullin, a partner in the firm’s Omaha office, serves as Chair for Kutak Rock LLP’s ADR Neutrals Group. Mr. Mullin has mediated more than 4,000 disputes in a total of fourteen different states as the neutral, and currently mediates approximately 300 disputes per year. In the 20+ years Mr. Mullin has been serving as a mediator, he has successfully resolved more than 90% of his mediated disputes. Mr. Mullin’s efforts to ensure that every mediation is a gentle, easy process for the participants have made him a popular neutral for attorneys throughout the United States. He is willing to host mediations locally, regionally or nationally as agreed upon by the parties.