Mediator Relies on Tenacity, Follow - Through

by Drew Combs, Daily Journal Staff Writer, Los Angeles Daily Journal, Nov. 25, 2005

SAN DIEGO — A nearly two-decade career litigating cases and handling business disputes has well prepared Steven H. Kruis, 50, for the legal analysis aspect of a mediator's job, attorneys say.

"He not only knows the law but is also able to assess a person's risk in a dispute," said Kevin E. McCann, a name partner at McCann Carroll in Carlsbad.

Kruis has mediated more than 20 disputes involving McCann's clients. Most of the cases were real estate matters.

But there are other aspects of Kruis' life that have served as proving grounds for his role as a mediator.

Kruis has completed a number of long-distance races, including the Boston Marathon. He was a top-50 finisher at the Detroit Marathon in 1981 with a personal-best time of 2 hours and 25 minutes.

"Mediating a tough case can be like running a marathon." Kruis said. "If you take it a step at a time, and keep moving the process forward, you can end up getting to the finish line."

Also, before becoming a mediator full time, Kruis was a law firm managing partner.

"In both situations, your only power is the power of persuasion," Kruis said.

From 1994 to 1997, Kruis was managing partner at Higgs, Fletcher Mack, one of San Diego's oldest, full-service firms.

It was during his tenure as managing partner that Kruis first worked as a neutral. He had reduced his caseload after taking over leadership of the firm. This new role freed up time for him to occasionally serve as a neutral.

"I dabbled in it a little," Kuris said. "I would do about two or three cases a month."

Kruis highly valued the alternative dispute resolution process and enjoyed the experience, he said, so becoming a neutral full time was a reasonable option after serving as managing partner.

"It made sense to think about making the transition," Kruis said. "More and more, I found the litigation process very destructive.

"I was good at it, but it is difficult on clients and lawyers."

When he left Higgs Fletcher in 1997, Kruis teamed up with Scott Markus to form Markus Kruis Mediation.

"I've enjoyed our eight years together, and appreciate having him as my mentor," Kruis said. "I've become a much better mediator by virtue of our relationship."

Kruis estimates that he has either arbitrated or mediated more than 700 matters. But now he focus exclusively on mediation.

"I don't do arbitrations anymore," he said. "I would agonize over each matter. I prefer the model where you are trying to negotiate with parties."

Attorneys who have used Kruis' services agree that his disposition is well suited to the mediation process.

"He has a very low-key, nonthreatening approach, which works well with litigants," said David S. Bright, a name partner at White Bright in Escondido.

Bright's matters before Kruis usually revolve around real estate transactions.

Kruis has an in-depth knowledge of both commercial and residential real estate matters, given his prior representation of the local association of Realtors. But he mediates a variety of disputes, including personal injury, employment and probate matters.

While Kruis tailors his approach to each situation, there are some aspects of his mediation process, he said, that are common to all the matters he handles.

"You need to have routines to make sure you meet the needs of all parties," Kruis said. "You also need to be flexible."

Kruis' mediations consist of a private meeting with parties, followed by a joint session "to exchange information."

According to Kruis, it is during the subsequent breakout session when the heavy lifting begins. Kruis devotes as much time as needed to that part of the process.

"These are sometimes difficult proceedings," he said. "It takes time."

Attorneys who have retained Kruis to mediate matters agreed that he dedicates himself to the process.

"He approaches meditation with tenacity and follow-through," said Shaun K. Boss, a San Diego sole practitioner.

The attorneys who frequently call on Kruis also said that he brings a great deal of knowledge to the mediation process.

"His experience as a lawyer and knowledge of the law give him insight into a variety of matters," Bright said.

Several attorneys said the key to Kruis' effectiveness is a balance between legal acumen and a keen understanding of people.

"He has an ability to impress people, especially clients, without making them feel threatened," McCann said.

Kruis said that he shares as much information as possible with the parties because it lessens the tension.

"I don't direct myself just to the lawyers," Kruis said. "I get involved and help the parties appreciate the nuances of the case."

Kruis said that the mediation process does not have to be negative.

"It is very important that the participants, the parties and the lawyers find the process pleasant," Kruis said.

At least one lawyer traced Kruis' approach in part to his roots in the Midwest.

He grew up in Indiana and received both his bachelor's and law degrees from the University of Notre Dame. He also spent a year studying in London as a Rotary International Scholar.

After graduating from law school, Kruis was an assistant district attorney in Elkhart County, Indiana.

In 1983, Kruis relocated to San Diego with his wife Katherine, who also is an attorney.

He was an attorney at Higgs Fletcher for 13 years, and his diverse practice included personal injury, real estate and employment-related matters.

Kruis said that his goal as a mediator is similar to his goal as an attorney: "Work hard and provide good service."

"I want to do a good job for people," he said.

Here are some lawyers who have used Kruis' services: Shaun K. Boss, San Diego; David S. Bright, White Bright, Escondido; Joseph Fox, Epsten Grinnel Howell, San Diego; Robert J. Hanna, Best, Best Krieger, San Diego; Gina L. Lacagnina, Neil, Dymott, Frank, Harrison McFall, San Diego; Jeffrey F. LaFave, LaFave Rice, San Diego; Kevin E. McCann, McCann Carroll, Carlsbad; Court B. Purdy, Wentworth, Paoli Purdy, Newport Beach; Steven W. Winton, Winton Larson, San Diego.