After more than three decades in the law, including 14 years on the Massachusetts Trial Court, Hon. Laurence D. Pierce (Ret.) brings a practical, deeply informed perspective to mediation and arbitration.

Please provide a brief overview of your legal career. 

I was a practicing litigator and a judge in Massachusetts for more than 34 years. Before joining JAMS, I served for over 14 years on the Massachusetts Trial Court, including the last nine years as an associate justice of the Superior Court. For seven years, I was a regional administrative judge and chair of the Superior Court Alternative Dispute Resolution Committee. Before my appointment to the bench, I spent 20 years in private practice as a litigator. My work involved a broad range of commercial litigation, including contract disputes, employment matters, land disputes, catastrophic workplace incidents, education law cases and personal injury cases. 

What is something from your judicial career about which you are particularly proud? 

As a regional administrative judge, I helped lead the Massachusetts Superior Court through the COVID-19 period. During times when the court was unable to conduct jury trials, I was a part of the leadership team that offered litigants three-judge panels and judicial case conferencing. We also introduced a comprehensive program for virtual hearings, much of which remains in place today. 

What led you to pursue a career in alternative dispute resolution? 

My involvement with ADR goes back to the 1980s, when I volunteered as a conciliator in the Boston Municipal Court. During my years in private practice, I frequently represented parties at both mediations and arbitrations. During my time as a judge, I was involved in establishing court-connected ADR programs, training lawyers to conduct case conciliations and training judges to conduct judicial settlement conferences. ADR is an important adjunct to the work of the trial court, and I am pleased to have an opportunity to contribute as a JAMS neutral.  

How would you describe your mediation style, including how you work with parties and counsel to facilitate resolution? 

I start by reading the written submissions and speaking with counsel to better understand the positions of the parties. I keep speechmaking, by all concerned, to an absolute minimum. I am not a passive note carrier from one conference room to another. I stay engaged throughout the process, and when asked, I will be evaluative. While there are some cases that must be tried, that number is small. A negotiated resolution is almost always more equitable, more comprehensive and better in the long term for all parties involved. My goal is to work with counsel to get the best possible settlement terms on the table for the parties to consider. 

How does your legal background and experience influence your work as a neutral? 

I know from experience that an overwhelming percentage of cases are resolved short of trial, many through mediation. Not every case can be successfully mediated, but for those that can, mediation often produces an outcome that addresses all the issues underlying the dispute. As a mediator, my job is to thoroughly explore every possible avenue for resolving the dispute as expeditiously as possible. 

As for arbitration, my experience as a litigator and judge has taught me the importance of providing the parties with a level playing field and a full and fair opportunity to be heard. Although the proceedings are less structured than a trial, the outcome is no less important. I treat the parties and counsel with respect and expect them to extend the same courtesy to one another. 

Can you describe the work you have done at JAMS to date? 

Since joining JAMS, I have assisted parties with both mediations and arbitrations. My work has included ruling on motions for injunctive relief relating to enforcement of a noncompete clause, assisting multiple parties in settling disputes involving personal injury claims, hearing insurance coverage disputes and handling cases involving allegations of professional liability, breach of contract and employment discrimination. 

What is the best piece of advice you received during your legal career? 

The best piece of professional advice I received was simple: Cultivate professional relationships. Honesty and kindness are essential components of a long and successful career. You will better serve your clients by conducting yourself professionally, even when your opponent is not. 

When you are not working, how do you like to spend your time? 

I golf and play tennis. I am the father of three sons, and I do as much grandparenting as my sons and daughters-in-law find helpful.