Steven Gard: From Trial Lawyer to Trusted Neutral

Steven-Gard
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After more than five decades practicing law, Steven Gard has discovered a professional role that allows him to use everything he learned in the courtroom—without stepping into one.

Today, through his Jacksonville-based practice Gard Mediation, LLC, the longtime trial attorney helps lawyers and their clients resolve complex disputes ranging from business conflicts to financial services matters. Drawing on decades of litigation experience, he now works as a neutral, guiding negotiations and helping attorneys evaluate the risks and realities of their cases.

“Mediation gives parties an opportunity to solve problems in ways the court system simply can’t,” Gard says. “It saves time, it saves expense, and it allows people to reach solutions that actually serve their interests.”

Gard formally launched his mediation practice in 2020, at a moment when much of the legal profession was temporarily at a standstill. As the COVID-19 pandemic forced courts across the country to close their doors and postpone hearings, many litigators suddenly found themselves navigating an uncertain landscape.

For Gard, the unusual pause provided an opportunity for reflection.

“I had been practicing law for 45 years,” he says. “The pandemic slowed everything down, and it gave me a chance to step back and think about what I wanted the next phase of my career to look like.”

He decided it was time to step away from representing clients and devote his practice entirely to mediation.

The transition felt natural. Throughout his litigation career Gard had frequently worked in arbitration settings, particularly in disputes involving the financial services industry, where arbitration clauses are common in investment account agreements.

“I had always appreciated the advantages of alternative dispute resolution,” he explains. “You can resolve disputes much faster, and the parties have far more flexibility in crafting a settlement.”

Confidentiality is another key benefit.

“In many business disputes, companies simply don’t want sensitive information becoming public,” Gard says. “Mediation allows them to reach a resolution without exposing trade secrets or proprietary information.”

A Natural Fit

Gard’s path to mediation began long before he ever sat at the head of a conference table as a neutral.

Born and raised outside Detroit, he came of age during a tumultuous period in American history. As a student at the University of Michigan in the early 1970s, Gard witnessed firsthand the national debates surrounding the Vietnam War and the unfolding Watergate scandal.

Those events had a profound impact.

“At first I thought I might go into journalism,” he recalls. “But watching the Watergate hearings unfold made me realize that lawyers were right in the center of the most important issues facing the country. That really sparked my interest in the law.”

His curiosity was reinforced even earlier through participation in a high school mock trial program, an experience he still remembers vividly.

“I discovered that I loved the process,” he says. “Everything from building an argument to presenting evidence to persuading people. It was a natural fit.”

After graduating with honors from the University of Michigan, he went on to earn his Juris Doctor from Washington University in St. Louis. From there, Gard embarked on a legal career that would span government service, private practice, and national arbitration work.

A Career Forged in Complex Litigation

Gard’s perspective as a mediator is shaped by a career that has touched nearly every corner of the legal profession. Early in his career he served as an attorney in the enforcement division of the U.S. Securities and Exchange Commission before entering private practice, where he spent decades handling securities litigation and complex commercial disputes throughout Florida, Georgia, and beyond. Along the way he also served as an arbitrator and mediator for organizations including FINRA, the New York Stock Exchange, and the American Arbitration Association.

That background, he says, allows him to quickly understand the dynamics of a case from both sides of the negotiating table.

“When you’ve spent years trying cases, you develop a pretty good sense of the risks that come with litigation,” Gard says. “Part of my role as a mediator is helping lawyers and their clients realistically evaluate those risks.”

After launching his full-time mediation practice, his reputation quickly grew among attorneys who appreciate working with a mediator who understands not only the law but also the realities of litigation strategy.

“When lawyers come into mediation, they want someone who understands the case,” Gard says.

“They want someone who can speak their language.”

The Three Ps of Effective Mediation

Gard often describes successful mediation through what he calls the three Ps – patience, persistence, and practicality.

“Patience and persistence are fairly obvious,” he says. “Negotiations take time, and sometimes people need space to process information and reconsider their positions.”

Practicality, however, is just as important.

“A settlement only works if it’s something the parties can actually implement,” Gard explains. “Sometimes that means thinking creatively about solutions the court system simply isn’t designed to provide.”

His style is what mediators often describe as evaluative mediation, meaning he is willing to provide candid feedback when he believes a legal argument may not hold up under scrutiny.

“If I think someone is relying on a claim or a defense that isn’t a strong one, I’ll say so,” he notes. “Lawyers usually appreciate that kind of honesty because it helps everyone focus on the issues that actually matter.”

Preparation Is Everything

If there is one lesson Gard wishes more attorneys would take to heart when approaching mediation, it is the importance of preparation.

“One of the biggest mistakes I see is when lawyers treat mediation as something they have to do before they can get a trial date,” he says. “If you approach it that way, you’re missing the opportunity mediation provides.”

Effective mediation, he explains, requires the same level of preparation attorneys would bring to trial.

“You need enough discovery to understand the case. You need to know your expert testimony and your evidence. And you need to prepare the mediator with the information necessary to understand the issues.”

When that preparation is in place, mediation can produce creative solutions that traditional litigation rarely allows.

“Courts are limited in what they can order,” Gard says. “But in mediation, the parties have the freedom to craft solutions that actually work for their business or personal situation.”

Giving Back to the Profession

Retiring from his litigation practice has provided Gard with the opportunity to give back to the legal profession and to the community.

For nearly a decade he has worked with the National Association of Attorneys General, helping train assistant attorneys general across the country in trial advocacy and litigation skills.

The role has taken him to roughly 15 states so far, and he continues to participate in training programs each year.

“It’s a great opportunity to give something back to the profession,” he says. “Young lawyers are incredibly capable, and they’re eager to learn.”

One lesson he frequently emphasizes is the importance of understanding opposing perspectives.

“If you can put yourself in the other party’s shoes, you become a better advocate,” Gard says. “And that ability is just as important in mediation as it is in litigation.”

Life Beyond the Law

Outside the law, Gard maintains a busy and varied life. He serves on the board of directors of the Friends of the Ponte Vedra Concert Hall and is active in the Shriners, the well-known philanthropic organization that supports children’s hospitals. At community events and parades, he can often be spotted cruising along in one of the group’s iconic go-carts.

“It’s a lot of fun,” he says with a laugh. “And it supports a wonderful cause.”

Music is another long-time passion. Gard plays drums in a blues band called Southern Junction, which offers a welcome creative outlet outside the legal profession.

“The law can be intense,” he says. “Playing music is a great way to relax.”

Family remains central to his life. Gard shares the joy and affection of five children with his lovely, fiancée, Debbie Tomlinson in their blended family.  Their boisterous, growing family now includes five children and eight grandchildren, several of whom live in Atlanta.

“My children are decidedly my greatest accomplishment,” he says with obvious pride. “They are all kind, generous individuals who are exceptionally smart and very accomplished. These days I try to spend as much time with them as possible. In fact, making time for family was one of the reasons I transitioned into mediation.”

A Legacy of Perspective

After more than 50 years in the legal profession, Gard maintains a healthy sense of humor about longevity.

“After a while you start noticing that most of the judges are younger than you,” he jokes. “And when the bar journal arrives each month, the first thing I do is check the obituary section just to make sure I’m not in it.”

Despite the humor, he remains tremendously grateful for the career and experiences the law has provided.

“I feel incredibly fortunate,” Gard says. “The law has given me a wonderful career, and mediation allows me to keep contributing in a meaningful way.”

He often reflects on a quote from Justice Ruth Bader Ginsburg that has come to guide his outlook on both career and community: “Whatever you choose to do, leave tracks. That means don’t do it just for yourself.”

For Gard, mediation represents exactly that kind of work—helping people move beyond conflict and toward resolution.

“Ultimately,” he says, “it’s about helping people find a way forward.”

Susan Cushing

Susan Cushing is the associate editor of Attorney at Law Magazine as well as a staff writer. She has been contributing to the magazine for more than eight years.

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