Studying Law Around the World From Courtroom to Conference Room: The 4 C's of Mediation with Felicia Harris Hoss
In this episode of Studying Law Around the World, I sit down with Felicia Harris Hoss, a distinguished mediator and arbitrator who spent over 28 years as a complex commercial litigator before pivoting her practice from the courtroom to the "conference room".
We discuss why less than 1% of cases actually go to trial and why the smartest lawyers are now prioritizing Early Dispute Resolution (EDR). Felicia explains the critical difference between serving as an "Advocate" versus a "Neutral" and breaks down the "Four C's of Mediation" (Confidentiality, Control, Creativity, and Certainty) that make it a superior alternative to traditional litigation.
Felicia also shares her experience spearheading ABA Resolution 500, which urges lawyers to pursue voluntary resolution early rather than waiting for court orders, and offers advice for young lawyers on why "street cred" in the trenches is necessary before becoming a mediator. Whether you are a law student interested in Alternative Dispute Resolution (ADR) or a litigator looking to serve your clients better, this episode is a masterclass in conflict management.
In this episode, we cover:
The reality of court backlogs and why trials are delayed for years.
The "Four C's" of Mediation: Confidentiality, Control, Creativity, and Certainty.
The difference between an Advocate and a Neutral.
How ABA Resolution 500 is changing the landscape of Early Dispute Resolution.
Why employment disputes benefit specifically from early mediation to save reputations and morale.
Career advice for lawyers who want to become mediators.
About the Guest: Felicia Harris Hoss is an Independent Mediator and Arbitrator at Harris Hoss PLLC based in Houston, Texas. She is a Fellow of the Chartered Institute of Arbitrators (FCIArb), a Member of the National Academy of Distinguished Neutrals (NADN), and currently serves as Chair of the Houston Bar Association ADR Council. She has been recognized in Best Lawyers in America for both Commercial Litigation and Mediation.