One of the questions lawyers ask themselves is whether they enjoy what they do. While most answer in the negative, don't expect the same from attorney Alexander Polsky. In fact, plan on netting aside a couple of hours, Polsky doesn't just enjoy his work as a mediator and arbitrator, he loves it.

Why, you ask? Sure, hee's the guy in the middle of every fight. Sure, he works days, nights, weekends, and holidays. Sure, he sometimes works for free. But this matters not, Polsky's passion to settle cases, and bring people together, rules the day.

But don't think Polsky's decision to become a dispute resolution professional was all a walk in the park. There were tough times, especially early on. Starting off as a prosecutor in 1977, Polsky was credited with the longest sentence for a non-murder case; life plus 151 years. He continued practicing criminal law until 1983. Wanting a change. Polsky then began practicing civil law, rep resenting clients in environmental, employment, professional liability, and complex commercial matters, He advanced in the civil field as well, finding himself overseeing the work product of some 15 attorneys.

But in 1992, Polsky, in his characteristic entrepreneurial style, began mediating cases in his own office, Sometimes he'd even mediate cases his firm was handling. Why? Because he was fair, unbiased, and most of all, good.

Polsky admits that at that time "there weren't many neutrals who were good." Because Polsky found his passion in the legal arena, he took advanced training courses at Harvard and more locally at Pepperdine University School of Law's Straus Institute for Dispute Resolution, where he is now a guest lecturer. At one point in his career Polsky could not find anything in the field of law that gave him the satisfaction he enjoyed when he was a special education grade school teacher. Now, that's changed.

"I'll mediate anything, anywhere, at any time, he says without hesitation. And 4.000 cases later, he's going strong. While Polsky hears cases mostly from California, Nevada, and Arizona, he makes no bones about his desire to do more cases in far off locations worldwide. And foreign parties are warming up to the idea.

One of the things that distinguishes .Polsky from other mediators is an approach he terms "Risk Adjusted Facilitative Mediation." Using this approach. Polsky forces each side to recognize and consider the possibility of its worst-case scenario. In examining the adverse verdict potential, Polsky makes sure all sides understand all the costs involved beyond the costs associded with going to trial and losing.

For example, the loss of reputation in a sexual harassment suit and the mental anguish of reliving painful facts in a wrongful death suit must be weighed against a possible success. Polsky admits that, in private caucus, he will have "very intense discussions." But Polsky is trusted, and it is clear why. "I have a client," Polsky says with confidence, "My client is the settlement' And he won't go home until the job is done.

When the parties understand all that's involved, reaching settlement is more likely. It is for this reason that Polsky handles many emotional cases before the filing of a complaint. Take the case of a young child that was run over by a truck while visiting his grandfather's ranch. Or the case of a woman who died of injuries sustained in a slip and fall some months after she was diagnosed with a terminal illness.

Everyday approaches to settlement are not likely to work here. But Polsky can nonetheless get these adverse parties together. Those who know Polsky know why; he cares. He cares about the plaintiffs; he cares about the defendants. There are no gimmicks with Polsky, only reality, no matter where the chips fall. And so, in the end, Polsky communicates his thoughts with empathy, and everyone listens.

So what does a man so accomplished do with his free time? Referee, ofcourse. Polsky also serves ass discovery referee in complex litigation. He is known there for his implementation of discovery plans which are cost efficient, and designed to promote settlement.

Polsky's big project now is working to resolve the recent Orange County landslide which is getting a great deal of press these days. While he can't reveal specifics about the negotiations, Polsky does hope he can develop a protocol which wilt result in stopping any future slides in the area. After this damage control measure, Polsky believes all the parties will be more amenable to settle.

So what's next for a man that has such a unique ability to resolve highly complex and emotional cases? The bench. Polsky feels that the highest service a lawyer can perform for the community is to become a jurist. He hopes to be the first successful mediator to make it to the bench. The only question is, what will he do with all his free time?

Alexander Polsky
Alternative Dispute Resolution Group: JAMS / Endispute
Types of Cases: Government liability and code enforcement business; construction defect, accident, and E&O; domestic relations and child custody, environmental exposure and remediation; franchise disputes and case actions; insurance coverage, E&O and bad faith; labor employment, sexual harassment labor-management disputes and factfinding; maritime; medical negligence and devices; product liability; rent estate; serious injury and wrongful death
Law School: Pepperdine
Career Highlights: past director of the Orange County Bar Association, Orange County Trial Lawyers Association, and the Southern California Adjuster's Association; past chairman of the Orange County Bar Association Committee on ADR; author of merous publications, including ADR, Why Does It Work?' and "Risk Based Facilitative Dispute Resolution