EMPATHY
Parties, particularly personal injury plaintiffs, need to feel not only that the mediator understands their situation but also that the mediator is looking out for their interests. This is particularly crucial when negotiations are at their fiercest. It is at this critical juncture that the personal relationship between the mediator and the plaintiff can be tapped to assist the plaintiff in making a thoughtful and reasonable decision regarding settlement. Mr. Gianforti takes time before beginning settlement discussions to get to know the parties and demonstrate to them that he understands their case, what they have gone through and their need for justice.
“Thanks for your great work yesterday. You were able to connect with my client and he liked you and trusted you as the day went on. That is not always possible in a mediation. You took some time to get know him and you appreciated his humor.
I am grateful to you. ”
“Having had a chance to experience your particular style/approach as a mediator, I must tell you that it is quite effective. My observation is subjective but I never felt you place too much emphasis on “The Fear Factor”. You were encouraging of my client, fair in your view of evidence and seemed to avoid playing excessively on the plaintiff’s unavoidable anxiety (which you know is easy to do and is what I am used to in mediation). Well struck and thank you.”
EXPERIENCE
For four decades, Gary J. Gianforti litigated a wide variety of cases including felony criminal and civil matters. Regarding the latter, he litigated to verdict contract, commercial, shareholder and estate disputes and successfully defended a patent infringement claim at the Federal Circuit in Washington, D.C. As a trial attorney, Mr. Gianforti also prosecuted to verdict many personal injury matters. His experience is not limited to the prosecution of such matters, however. For many years, he also defended individuals and businesses through firm associations with a wide array of insurance companies. In short, Mr. Gianforti has the experience to understand and assist all sides to a litigation in resolving their dispute.
INTELLECTUAL CURIOSITY
Mediations take time. Mr. Gianforti understands that the very first hurdle a mediator must clear is assuring the parties and their counsel that he fully understands the facts and the issues presented in a mediation. This requires a careful and thoughtful review of the parties’ submissions which includes reading the salient cases provided by counsel in support of their positions. The parties deserve and get a fully engaged and thoroughly prepared mediator when using Mr. Gianforti’s services.
PERSEVERANCE
It might take hours before there is a glimmer of hope that a mediation will settle. Often, one or more attorneys or their clients will express the opinion that further negotiations are futile. With Mr. Gianforti, the parties get a mediator who is dogged in his approach. Simply by continuing the conversation, settlements, even in the most difficult cases, are often obtained. When settlement does not occur at the initial session, Mr. Gianforti continues the negotiations through follow up telephone conferences or additional negotiating sessions leaving no stone unturned.
Gary J. Gianforti
Education
Catholic University of America Law School
Juris Doctor, 1976
St. John Fisher College
B.A. cum laude, Economics, 1973
Mediation Affiliations
- American Arbitration Association–Panel Member
- Resolute Systems, Inc.–Panel Member
- U.S. District Court for the Western District of New York–Certified Mediator
- Monroe County Bar Association–Mediator for the Fee Arbitration Committee
Memberships
- New York State Bar Association
- Monroe County Bar Association
- New York State Trial Lawyers Association
- U.S. District Court for the Western District of New York
- U.S. Tax Court
- U.S. Court of Appeals for the Federal Circuit