Mr. Fitzgerald is a mediator, an arbitrator, and a consultant in trial and litigation strategy. Jim draws from his 40+ years of experience as a trial lawyer and complex business litigator to provide these services in a variety of substantive areas of law and business.

Jim has first and foremost always been a trial lawyer. He approaches every matter as an experienced trial lawyer – early assessment of the real issues and laser focus on a path to resolution. This avoids getting mired in the clutter of extraneous issues with unnecessary, costly discovery. The focus instead is on what needs to be proved or disproved at trial, and then developing a strategic plan to accomplish the most efficient resolution of the matter.

Having tried 50 civil cases and dozens of arbitrations, Jim knows what would, and does, happen at trial and how to prepare for it in the most focused, cost-efficient matter.

This “trial approach” is directly applicable to mediations. Jim approaches mediation with an eye to bringing the parties together to listen to each other, identify the real issues involved in the dispute and helping the parties forge options for resolution. This requires listening, out-of-thebox thinking and a willing commitment to the process. Jim uses techniques learned through years of dealing with litigants and counsel, as well as courses in mediation training, especially transformative mediation, to provide participants with the best opportunity to deal with their disputes and conflicts. Finally, Jim brings a highly respectful manner and calming demeanor for the best opportunity to achieve a successful mediation.

Jim also uses the trial approach in providing services as an arbitrator. Jim assists the parties and counsel in framing the issues in dispute, focusing the parties to design a limited discovery plan, and removing clutter from their arbitration. This approach meets the parties’ expectation consistent with the goal of arbitration – to reduce the costs of court litigation, unnecessary extended discovery, and a faster, less costly resolution. Early-on assessment, strategic focusing of the real issues in dispute, mutual respect for the parties and counsel, and listening are the keys to success in arbitration.

Jim’s trial approach implementsthose principles to achieve thatsuccess.
Jim has a J.D. from Fordham University Law School, and a BSBA from Georgetown University School of Business Administration. He is a licensed attorney in New York and California. Jim is a member of the American Bar Association, New York Bar Association, California Bar Association,
and Los Angeles County Bar Association. He is a member of ARIAS (Insurance/Reinsurance), PLUS (Professional Liability Underwriting Society) and previously served on the Executive Committee of Los Angeles County Bar Association’s Center for Civic Mediation.