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Solving Problems Differently
Mark LeHocky's unique approach to mediation is built upon three decades as a plaintiff and defense litigator, the general counsel to public companies, a client, and an appointed mediator since 1999. Multiple backgrounds make a difference.
For over 30 years, Mark LeHocky has mediated, managed and resolved thousands of cases nationwide ranging from intellectual property, antitrust and other business disputes to real estate, class and individual consumer and employment cases, as well as individual and mass torts. For this work, Mark has been repeatedly recognized among the Best Lawyers in America for Mediation for successive years and was voted 2022 Mediator of the Year in San Francisco through the BestLawyers rating system.
Mark’s approach is shaped by having worn virtually all professional hats in the legal arena – as a litigator representing plaintiffs and defendants, a general counsel resolving hundreds of litigation matters, an arbitrator and judge pro tem, a senior corporate executive as well as a client. Central to all that work was helping decision makers of all types make realistic, risk-based choices based upon alternative scenarios and the practical tradeoffs of pursuing different courses. As a mediator, Mark uses all those experiences to help craft appropriate resolutions for everyone.
Along with his mediation work, Mark serves as an arbitrator and appointed special master for select matters. His effectiveness as a mediator was the subject of a profile by The Daily Journal.
Mark is flexible in his approach and not dogmatic. He will make his best efforts to guide parties in what he views as the proper direction, but he will adapt to the circumstances as needed, as opposed to insisting on a rigid framework.
Mark LeHocky brings an unusually rich set of resources and skills to his work as a mediator. The breadth of his professional experience provides him with a sophisticated worldliness in a wide range of business arenas (securities, intellectual property, anti- trust, regulatory compliance, commercial contracts, acquisitions and mergers, and employment). But what really sets Mark apart is his command of the full range of dispute resolution techniques and his highly developed interpersonal skills. He understands disputes, disputing, and disputants. So he is perfectly positioned to deliver great value as a mediator – by guiding parties’ use of the mediation process to maximize its productivity, by offering nuanced and balanced analytical input, and by attending with sensitivity to the personal and emotional circumstances of the parties. It is with great enthusiasm that I recommend Mark LeHocky as a mediator.
I have known and worked with Mark for over 30 years. I have seen him use the mediation process -- particularly early in the course of litigation -- to help craft very creative and fair outcomes that could never be achieved through a lengthy and expensive trial. With his varied experiences, Mark understands the potential obstacles to settlement better than most others, and is particularly adept at helping parties overcome those perceived obstacles. With his extensive background in intellectual property, contract and antitrust cases, and his particular knowledge of both private and public enterprises, I recommend Mark highly for business cases of all types.
Mark assisted in resolving a very contentious trademark infringement case between two competitors. Given the exchange of statements between the parties prior to the mediation, I believed that the chances of resolving it without significant discovery were not good. Through Mark's efforts, however, we were able to reach a satisfactory resolution of the case in a single day of mediation. Both my client and myself could not have been more pleased.
Mark LeHocky is the ‘stealth’ mediator. He adeptly gains your trust and confidence while discovering what he needs to do to get you ‘to the table’ by the end of the day – and you have no idea it is happening. Very effective and very successful! I would recommend Mark to any client.
Mark understands the mediation process thoroughly, as well as how to work with counsel and parties of all types to solve problems and effectively settle cases. I have worked with Mark for over a dozen years on scores of employment cases from wage/hour class actions to individual employment claims dealing with harassment, discrimination, wrongful termination, retaliation and the results were great each time. With his active involvement, knowledge of the law and communication skills, he was able to facilitate the resolution of cases promptly and fairly. In mediating difficult cases there is no substitute for experience and Mark’s background as both a litigator and a General Counsel make him uniquely qualified.
Mark genuinely wants to help parties settle their disputes, and to settle them early on, to avoid costly litigation. In our case, he did just that. He worked hard to help the parties find an agreeable middle-ground in a short amount of time. Throughout, he was well-prepared, insightful and professional. Both my client and I were very pleased with the process and the result.
Mark helped us resolve a contentious employment discrimination lawsuit. He was well prepared, understood the law, and assisted the parties in identifying the strengths and weaknesses of their respective cases. Mark’s broad work history allowed him to relate to the parties and the lawyers in the case. He was thoughtful but firm as needed and helped us craft a resolution that was accepted by both sides. My client was very pleased with the result and I will look forward to working with Mark again.
Mark LeHocky on Dispute Resolution:"Informed and balanced decision-making benefits everyone. So does acting early, before disputes degrade further. My goal is to help everyone clear away as much fog as soon as possible and properly assess what’s left. Having the experience of multiple professional vantage points often makes a big difference, helping me help you sort through what needlessly gets in the way and what truly matters.
Mark mediated one of my single plaintiff employment cases. He connected with my client very well, kept both parties focused on a deal through many offers and counter-offers, and ultimately resolved the matter. His prior experience as the GC of two large employers was a plus. I would recommend him without reservation.