By Drew Combs/Daily Journal Staff Writer

LOS ANGELES — As might be expected, James M. McKanna relies heavily on years spent as a litigator when mediating disputes. But somewhat surprisingly, the neutral also relies on his experience as a Stephen Minister at his church.

Stephen Ministers are laypersons who meet with fellow parishioners during "times of conflict" and act as "sounding boards," McKanna explained.

ADR Profile

"In a similar vein, mediation gives those involved in a dispute or conflict a chance to tell their story," he said.

For McKanna, mediation is not just an evaluative exercise, but also an opportunity for parties to explain, "How a lawsuit has affected their lives."

Attorneys who have used McKanna's services said this take on the process is key to his ability to successfully mediate disputes, or at least start dialogues that lead to settlement.

"My clients were nervous and worked-up about things," said Mark J. Peacock, a Newport Beach sole practitioner who represented the plaintiffs in a personal injury lawsuit that McKanna was able to successfully resolve.

"He let [them] explain why the injuries had been a disruption in their lives," said Peacock, who added that McKanna's willingness to listen "assisted in calming them down" and provided an opening to educate them and resolve the lawsuit."

Most attorneys want a mediator to evaluate the strengths and weaknesses of their case," McKanna said. "I try to use a combination of an evaluative and facilitative approach."

And McKanna said the facilitative part is based on the presumption that "there are no bad guys in mediation" just "people that have different perceptions of what should happen."

It's all about "bringing parties to a common ground and resolution they can live with," he added.

Huntington Beach-based attorney Timothy J. Ryan didn't think the personal injury case in which he was representing the plaintiffs had a "fat chance of getting resolved" because the parties were so far apart.

But Ryan said McKanna was able to resolve the dispute by first taking "antagonism out of the session" and then articulating "where the case needs to go and why it needs to go there."

"I didn't have a lot of convincing to do with my clients [about the settlement]," Ryan added.

Lawyers whose cases have been mediated by McKanna cite not only his interpersonal skills, but also his knowledge gained from practicing law for 30 years.

Terry Gimenez, an attorney at Early, Maslach & Van Dueck in Los Angeles, represented the defendants in a slip-and-fall claim in which the plaintiff had pre-existing medical conditions.

"I didn't think we would get through all the medical issues," Gimenez said. "He was very effective in helping us sort through the liability aspect of the case and damages."

"This mediator has experience trying cases," added Stevan Colin, an attorney at Long Beach- based Gabriel & Associates who has used McKanna's mediation services, "and when you have been through the process you know the important issues necessary to persuade each party."

Before establishing his mediation practice last year, McKanna was an attorney at Harrington, Foxx Dubrow & Canter in Orange, where he defended commercial trucking companies, commercial and residential property owners and contracts against a variety of claims.

Previously, McKanna has practiced at several firms including Bakersfield-based Borton, Petrinin & Conron and Torrance law firm Somers, Hall, Verrastro & Kern.

Over the course of his career, McKanna has represented defendants in a wide variety of civil matters, including personal injury, construction defects and product liability.

As a practitioner, McKanna has participated in more than 300 mediations or arbitrations and dozens of jury trials.

A little over a year ago he decided to transition from practicing law to mediating cases full-time because, he said, "I wanted to get in the problem-solving aspect of our adversarial system."

McKanna sits on the alternative dispute resolution panel for the Superior Court in both Orange and Los Angeles counties.

He is assigned cases by the courts that he mediates pro bono for the first three hours. .

As his mediation practice has developed, McKanna has received more cases from referrals.

To date McKanna has mediated more than 65 cases.

In the years leading up to the decision to focus fully on mediation, McKanna has taken classes at the Straus Institute for Dispute Resolution at Pepperdine University School of Law.

McKanna said he chose mediation because it "taps into" the skills he has developed as an advocate.

He said the integral role lawyer's play in our society, specifically as passionate advocates for their clients, first inspired him to pursue a career as a lawyer.

McKanna was born in Yakama, Wash., but grew up in San Diego where his homemaker mother and father, a real-estate appraiser, eventually settled.

He moved north to attend college at the University of California, Los Angeles. He later graduated from Southwestern University School of Law.

Since graduating from law school, McKanna has practiced primarily in Los Angeles and Orange counties.

McKanna lives in Orange County, where he is involved in several community activities including the Stephen Ministers program at his church, St. Andrew's Presbyterian Church in Newport Beach.

He volunteered for the program out of a desire to "help someone without any expectation of getting something back."

But McKanna said he has gotten back a great deal over the course of his seven-year involvement in the program.

"You become much more empathic and a much better listener," he said, "because you realize that people have the same problems and most of the times they are just looking for someone to listen."

Here are some attorneys who have used McKanna's services:

Steven Colin, Gabriel & Associates, Long Beach; Jonathan H. Colman, Santa Monica; Terry L Gimenez, Early, Maslach & Van Dueck, Los Angeles; Stanley R. Jones, Irvine; John R. Miller, Orange;Mark J. Peacock, Newport Beach; Timothy J. Ryan, Huntington Beach; Allan F. Treffry, Long Beach.

Reprinted with permission from the Daily Journal. © 2007 Daily Journal Corporation. All rights

James M. KcKanna Mediator, arbitrator

www.winwinadr.com

Affiliation: Independent

Location: Newport Beach

Areas of Specialty: He takes all cases.

Rate: $250 an hour Age: 56