In June, James Cummings launched his own practice, Cummings Mediation PLLC, which has allowed him to lean in and focus almost exclusively on alternative dispute resolution. We sat down with Cummings to discuss his practice and his transition to mediation.
AALM: What compelled you to transition to mediation?
JC: From the moment I attended my first mediation as a law clerk, I knew that I wanted to be a mediator. So, it was never a matter of “if,” but rather “when.” In 2018, I was certified as a Florida Supreme Court circuit civil mediator and Florida qualified arbitrator, and I haven’t looked back.
Bringing people together to solve difficult problems is what motivated me to be a lawyer in the first place, and as a mediator I can focus on problem-solving on a daily basis, rather than just winning. Most of us litigators are highly competitive in nature, and now, I focus that same intense energy and motivation on helping lawyers and parties settle their cases.
AALM: How does your experience as a litigator shape your perspective at the mediation table?
JC: Every day as a mediator, I draw upon my experience from nearly 20 years of practice as a trial attorney and litigator. At mediation, while I remain completely neutral and impartial, I can empathize with the clients, the attorneys, and other participants. I understand the stress the clients are under, and I also know that clients sometimes need to share their point of view and be heard, and mediation can allow a space for that. I also appreciate the pressures and constraints that the attorneys are under.
My background as a litigator also imparts subject matter knowledge regarding the legal issues, which is always helpful for a mediator to have. When parties mediate with me, I can help them assess the risks, benefits, strengths, and weaknesses of their positions.
My background as a litigator also involved representing both plaintiffs and defendants, and I’m proud of the fact that I receive equal requests to serve as a mediator from both the plaintiff and defense bars.
In litigation, I handled cases in state and federal court, across a very broad spectrum of practice areas. Because of that background, I’m comfortable mediating state and federal cases in all jurisdictions, in areas including personal injury/wrongful death, professional liability/malpractice, insurance and coverage-related litigation including bad faith/extra-contractual liability, commercial litigation, construction litigation, trust and probate, real estate disputes, special assets and financial litigation, FDCPA/FCRA matters, labor and employment disputes, eminent domain, appellate matters … virtually every kind of civil case.
AALM: How does your work as a mediator differ from your role as an attorney? What do you enjoy most about it?
JC: As an advocate, I fought tirelessly for clients. As a mediator, I channel that energy to help the parties and their counsel find common ground. Nothing is more satisfying than watching a deal come together, especially after grueling negotiations and overcoming several impediments to settlement. I feel a deep sense of responsibility when I serve as a mediator, I never give up on settling a case even if it doesn’t resolve at the first mediation.
These days, it’s not unusual for parties to walk away at the end of a first mediation after having made significant progress, but without having reached a final resolution. It has become increasingly important to work hard and follow up with the attorneys and parties after a mediation, and I’ve had a good amount of success with resolving cases in the days and weeks after a mediation even if it does not settle at the first session.
AALM: What do you miss about the advocate role?
JC: I really haven’t thought about it in that way. I enjoyed the advocate role as a litigator and I derived a lot of satisfaction from helping clients, but I enjoy my role as a mediator more, and that is what I am most passionate about these days.
AALM: Are there any cases that stood out for you?
JC: One of the most defining cases I mediated was a premises liability case involving a mass shooting at a teenage birthday party, where one minor was killed and several were injured. It was a tragic situation, and there were a lot of emotions involved with grieving parents and family members. Helping bring closure to the legal aspect of the matter so that the families could move on with the healing process was a defining moment for me, and I felt a deep sense of purpose and satisfaction when it was resolved.
AALM: Looking back on your career, are there any changes you would make?
JC: I’ll simply say that I am always striving to learn from each mediation. I don’t believe in resting on your laurels or growing complacent. I encourage attorneys to provide feedback after mediations,and I am constantly looking for innovative ways to help attorneys and their clients to resolve difficult disputes.
