From Mexico to Minnesota

Recently, Sara Sandford and Lisa Savitt attended the American Bar Association International Law Section conference in Mexico City.   Lisa Savitt served as a panelist on the topic How to Successfully Resolve Your Case in Mediation:  Strategies for International Counsel.

Around 300 lawyers from around the world attended the meeting in Mexico City. Sara and Lisa, both former chairs of the International Law Section, were able to connect with old friends and to make new friends while attending first rate panels and spectacular receptions.

Lisa’s panel consisted of two Mexican lawyers, as well as Lisa and another lawyer from the United States and Colombia. All the panelists had cross-border mediation experience both as advocates and as mediators.  Lisa discussed representing non-U.S. clients in mediations involving U.S. litigation.  She discussed the importance of explaining mediation and the role of the mediator, which is of course different than that of a judge or arbitrator and varies from one jurisdiction to another.  She pointed out the benefits of mediation: confidentiality, the chance to settle before incurring what could be the astronomical costs of U.S. litigation,  and perhaps a way to continue the business relationship with the other party.    

Understanding different legal systems and cultural differences is an important factor for advocates to consider in mediation, and it should be a factor in choosing a mediator when you represent a party from another country.  The Mexican panelists highlighted that only mediation-certified Mexican attorneys can represent parties in a mediation to be eligible for a simplified means of enforcement in Mexico.  Also, opening sessions are still very common in Mexican mediations, while in the U.S. we are seeing parties in mediation preferring to go straight to caucuses — keeping the parties separate.  Another difference in Mexico is that, once a settlement agreement is reached in a mediation, it needs to be authorized by the Alternative Justice Center for simplified enforcement.

The panel highlighted how important it is for advocates as well as mediators to be cognizant that there are differences in mediating a dispute with any international component.

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Our Dear Founder, Cara Lee Neville

Dear Friends of Benchmark National ADR:

It is with great sadness that we post about the loss of our dear founder and friend, the former judge Cara Lee Neville, who passed away on December 24, 2025.  As so many have said in their comments upon learning the sad news, Cara Lee was a leader and mentor, renown in the legal world locally, nationally and internationally.  She was a jurist and a human being, especially when it came time to making any decisions as a judge, arbitrator, special master or leader.  She wasn’t just smart; she was wise.  She was kind and compassionate in all that she did.  She was dedicated and loyal to her work, friends, family, community and to the world at large.

 

Cara Lee made the profession better by engaging with a number of local, state, national and international organizations to promote the rule of law and access to justice and volunteered much of her free time towards doing the work needed to make such an aspiration a reality.  Of course, she was extremely accomplished and was recognized frequently for her tremendous contributions, as mentioned in the warm obituary published by her family.  That did not alter her character, however.  She always came to her work with humility and an interest in doing what was needed to get the job done.  

 

She was recognized, as well, for her willingness to encourage and mentor others, urging the hesitant, encouraging the unsure, proposing strategies for those feeling stymied, but always in a way that respected the choices of the mentee and treating everyone as an equal.  She recognized like few do that enhancing the careers of others would never diminish her own.  She was generous with her time and energy to help those around her.

 

The words describing her that we have most heard in tributes to her since her passing are her “dignity” and “grace.”  We can attest to that.  She never demeaned herself by publicly chastising or criticizing others.  She faced challenges that were physical, emotional, and mental without complaint and with calm, hard work, and good humor.

 

She travelled to many different countries with us and others to further human rights, the rule of law and access to justice abroad, as well, always representing the U.S. legal community admirably.  She did so with an eager curiosity and interest in how she could help and learn from those experiences.  Even dealing with unfamiliar customs and unexpected challenges, she exemplified grace and shared respect for all those concerned.  We were always proud to be with her in such delegations.

 

She also was ready for fun -- whether it was dancing, horseback-riding, driving a convertible, playing with dogs, eating a good meal, enjoying a new experience or just having a good laugh.  Her joy and enthusiasm were infectious.

 

We both feel such gratitude to have lived many of our professional years in her orbit, but we are even more grateful to have had the honor of calling her our friend.  She was one-of-a-kind and we will never forget her. We will, of course, carry on her legacy, values and goals, committing ourselves to continuing to find ways to help those in need resolve their conflicts.

 

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