Meet Pacific ADR Mediator/ Arbitrator Andrew Kinstler!
Andy Kinstler has a civil trial practice with an emphasis on employment law and personal injury defense. He has extensive experience advising both employers and employees on issues arising under federal and state laws.
Andy has been a member of the Pacific ADR team since 2017 and brings demonstrable value to our clientele. He has achieved tremendous success due to his insightful nature and fairness.
As of recently, Andy has become "Of Counsel" to the Helsell Fetterman LLP firm after serving as a partner there for thirty-three years, including three years as the firm’s managing partner.
What types of disputes have you handled?
Andy: I have handled many personal injury, employment, and contract disputes.
What is your mediation style?
Andy: My mediation style is predominantly facilitative. The parties maintain control over the outcome of their mediation. It is evaluative only when requested by the parties, particularly in legal or complex business disputes.
What was your most memorable mediation experience?
Andy: Every settled case in mediation is memorable because the parties get resolution and closure, which is the reason I am motivated to serve as a mediator and why I enjoy doing what I do. Fortunately, every case I have mediated has settled. Not always on the day of the first session, but all have resolved before trial.
What was your worst ADR experience and why?
Andy: During the transition period for ADR after the beginning of the pandemic. Zoom was a new technology for dispute resolution at the time. During one of my mediations, an attorney for a party in a Zoom mediation refused to be on camera, while “lobbing” in comments from the background. This was not helpful, it caused a lot of commotion. I do not allow that now. Every participant must turn their camera on.
What do you like best about ADR/law practice?
Andy: Helping people obtain closure and resolution that they control and approve of. So many things are out of your control during legal proceedings.
What are some things to keep in mind before or during mediation?
Andy: Keep in mind the needs of the other side. Can those needs be served while getting to a resolution? Being both empathetic and sympathetic goes a LONG way toward reaching resolution.
Do you have any useful tips for selecting a mediator that best fits your case?
Andy: That's an easy one! Select a bulldog who will not give up! Choose someone who is proactive, assertive, and persistent in their approach to resolving conflicts.