An interview with Sir Thomas P. Valenti
“Lawyers thrive upon complication of matters; and prolonged pendency of cases” has been a mis-conception in our country for so long.
The truth, on the other hand, is that there exists a completely opposite branch, called “Mediation and Arbitration”, within the field of legal consultancy. As the self-explanatory name says, “Mediation and Arbitration” is concerned with out-of-court settlements, seeking amicable and mutually acceptable solutions without going through the complicated hassles of courtrooms and arbitration tribunals.
Advocate Thomas “Tom” P Valenti is an internationally noted name in the same. A former board member of Mediators Beyond Borders International (MBBI] and co-leader of the Athens Migration Dialogue Project; Mr. Valenti’s interest in understanding the issues raised with cross-cultural disputes also led to his being involved with the Middle East peace initiative Neve Shalom Wahat Al Salam (NSWAS) and its Pluralistic Spirituality Center Project- and many more such activities.
Here is a short interview with him, shedding some light on this branch of legal services:
#1. Please share with us your experience in the field of mediation and arbitration. Also, is there any difference in reaching a conclusion in mediation, as compared to the court proceedings?
My experience as a mediator goes back about 15 years or so, and for arbitration much longer. The primary difference in a mediation is that the parties involved in the dispute have decided to make the solution something that they agree to, instead of having a judge or arbitral tribunal impose a solution that may not be acceptable to them. This principle of self-determination has proven to be a driver to mediation in many settings. Parties in mediation still have the benefit of legal representation. The satisfaction rate for mediated settlements is somewhere near 100% because the parties have selected the solution.
#2. What kind of ethics and values are required for mediation?
The foundation for any mediation is trust. The parties and their attorneys need to trust the mediator. Hand in hand with trust is neutrality. We make great efforts to make sure that the parties understand that we are impartial and have no interest in the outcome of the dispute, but rather to ensure that the process is fair to all the parties, and that each party gets a full opportunity to tell their story and make their interests and needs known. Apart from those ethical principles, empathy is a value that we find is helpful in mediation. And, of course, patience is a key characteristics that we must bring to every mediation.
#3. What are the skills, and the level of competence, required to become a mediator and arbitrator?
Since I have discussed this relative to mediation already, I will talk about arbitration. As an arbitrator, fairness and even mindedness are probably the core competencies. A skill set that is valuable is the ability to manage information, schedules, and personalities. Arbitrations can be quite contentious, so the arbitrator is often called upon to bring a sense of calm and decorum to the tribunal.
#4. Taking into account the economic and educational developments happening around the world, how far are the students incorporating the aforementioned values in their life?
I am fortunate to be with many students from around the world. I am seeing many students, globally, embrace the tenets of peacemaking through the study of mediation. I think they see this methodology as having great value in their personal lives, work lives, and if in the legal field, their law practice. In terms of educational development, I think they see the opportunities that negotiation and mediation skills present to them. This, too, relates to economic development in the sense that in virtually every country disputes are plentiful. The foundation for any economic and global development, is negotiation, and bringing disputes to efficient and timely solutions.
#5. Taking into account the legal system of our country- especially the ever-increasing count of pending cases- how effective, in your opinion, could mediation and arbitration be, for India?
I have been aware of India’s huge case pendency problem for years. We believe that the introduction of mediation to the legal system as a viable and valuable dispute resolution tool would make a reduction in the pendency of cases. A complicating factor is that a huge percentage of the pendency is where the government is a party. This creates an obstacle to mediation since there needs to be an individual present who has the authority to settle the case. This is not practical in India, so some other mechanism needs to be created within the government to address dispute resolution of such claims. However, mediation and broader use of arbitration, with efficient processes, can help manage the pendency.
#6. Why did you choose law as your profession?
I chose the law when I was quite young, as I thought that it was a meaningful way to be of service to others. Big law now, takes away the notion that lawyers provide a service, since many people view lawyers in not a very kind light. The costs and time involved to help people can be difficult for many to manage, and as a result, lawyers suffer reputationally. My progression from a law practice to that of being exclusively a neutral in the dispute resolution field has helped me manage the tension between public perceptions of lawyers, and the goal of being of service to others.
It was a wonderful interacting with Mr. Valenti and understand about his journey. We thank him for giving us his valuable time. Hope it helped you- the students in an interesting way.
