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| Bar Bulletin |
April,
2003 |
| PRO BONO Profile |
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A Win - Win - Win
Situation
By Lisa Muscara
If you want to talk
with someone who absolutely loves what they do, strike up a conversation
with Jerry Rainville, Esq. Three years ago, Rainville retired after 30
years of government service, and since that time he has continued to serve
the community as a pro bono mediator. Retirement doesn’t mean that Jerry’s
schedule has slowed down. In fact, he will tell you, “I’m probably busier
now that I’m retired than during the 30 years when I worked for the
government. But now, my practice is limited to things that are fun!”
One of those
exclusively fun activities that Rainville has committed to is serving as a
pro bono mediator for Maryland’s District Court. The District Court of
Maryland program uses volunteer mediators and facilitators to assist with
the resolution of civil cases on the day these cases are scheduled for
trial. According to Alice R. Rentschler, Esq., Director of ADR Programs
for the District Court, the program “really took off in the year 2000,”
and since that time, pro bono mediators and facilitators have successfully
resolved at least a thousand cases. Rentschler, describes the pro bono
civil mediation program as a “win-win-win situation. The parties win by
having a more satisfactory outcome in their case. The court wins by
gaining assistance with the docket. You (pro bono mediators) win by
gaining experience, earning pro bono hours and sharpening your skills
while helping members of the community.”
During Rainville’s
30-year career with the government, he was responsible for negotiating and
peacekeeping activities. Once he retired, Rainville identified civil
mediation as a natural extension of his professional experience. As
Rainville states, “this is an area where I had a head start.” In December
2000, Rainville participated in mediation training and immediately started
mediating civil cases at the District Court.
Rainville touts the
benefits of mediation. “For anyone who has an old law degree they want to
fire back up, or a new law degree, you can’t beat mediation,” he says.
“You get to learn the ropes of the courthouse. You get a really good taste
for what civil litigation is about and what litigants are like. And, if
you’re a people watcher, you really can’t beat it. You encounter the wide
range of human emotion through mediation.” As for the benefits to clients,
Rainville appreciates the justice derived from mediation. “I’m a believer
that some cases need to be litigated, but for the most part, I think
mediation is more humane,” he continues. “It gives people a chance to blow
off some steam, and they usually go home feeling as if they’ve had some
control over the outcome of their case.”
Describing his
motivation to serve as a pro bono mediator, Rainville remarks, “I suppose
I do it just for the joy of doing it. But I like to think maybe I’m also
doing some good; maybe I’m helping to clear the court’s calendar; maybe
I’m helping clients feel like they have some control over the results of
their case…it’s just a wonderful feeling. I’m not sure if there have been
any studies to determine whether we release endorphins when we mediate,
but it sure feels that way!”
At this point,
Rainville has developed such experience with mediation that he serves as a
mentor to new mediators, and helps critique mediation exercises at MICPEL
trainings. He really enjoys this aspect of his involvement with the
mediation community, and explains, “To bring others along as new mediators
is almost as rewarding as mediating a case. To watch people using their
new skills to mediate a case is really rewarding.” Rainville offers this
advice to new mediators: “If you fail to get someone a settlement in the
case, hang around for the trial. To see how the Judge deals with the same
issues and clients, that’s really interesting.”
Rainville has had
such a positive, rewarding experience serving as a pro bono mediator for
the District court that he emphatically proclaims “I would recommend it to
anyone.”
If you are a trained
mediator or facilitator, and are interested in creating a rewarding
experience of your own with the District Court’s program, please call the
District Court ADR Office at (410) 260-1676.
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