Hon. Wayne D. Brazil (Ret.) is fully engaged as a neutral at JAMS, after earning a national and international reputation as one of the most significant innovators and leaders in the field of Alternative Dispute Resolution (ADR). He is an expert in crafting procedures to meet the needs of individual cases – and in finding new directions when movement toward settlement seems to stall.
Judge Brazil spent 25 years as a magistrate judge in the United States District Court for the Northern District of California. He exercised the full range of judicial responsibilities, presiding over civil and criminal trials, managing the pretrial development of civil cases, hearing substantive and procedural motions, and ruling on fee disputes. His extensive work as a settlement judge and on complex discovery matters earned him national recognition and was rewarded when the Chief Justice of the United States appointed him to the committees that write the federal rules of civil procedure and evidence. He also led the teams that designed and implemented the Court’s multi-faceted ADR program, then he served as the Court’s first ADR Magistrate Judge, a position he occupied for more than 15 years.
The Merits of Early Neutral Evaluation(03/03/17)
I am a professional mediator – and a passionate devotee of its virtues. Mediation, however, can take many forms, depending on the individual needs of a particular dispute or its parties.
The Key “Moral” from Stories Mediators Tell(12/01/14)
The theme of the 2014 Mediation Week was inspired by Stories Mediators Tell, a moving and illuminating collection of stories about the often dramatic facts of mediation life that Editors Eric R. Galton and Leila P. Love coaxed from a diverse group of experienced mediators to share with the rest of us.
Don’t Apply Risk Analysis To Discounted Settlement Value(03/14/14)
In preparing for a course about alternative dispute resolution that I recently taught, I did some research into the relationship between probability theory and the way “decision analysis” (sometimes called “risk analysis”) is sometimes used to try to determine the “discounted settlement value” of civil cases.