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and Settlement
Michael Avery

Photograph of Michael Avery

The Mediated Solution


You are in the middle of a lawsuit or other dispute that feels like it’s going to last forever. It may have begun with an accident, a violent incident, an employment problem, a business disagreement, or some other conflict. The road ahead promises to be stressful, expensive, and risky.

You know that most lawsuits settle eventually. The way forward in your dispute, however, is unclear. Both sides seem committed to their positions. You haven’t had any meaningful settlement discussions to resolve the case.


There is a means to avoid the stalemate you seem to be in. A way to avoid the pain, uncertainty, and costs of continuing to march toward a trial in which strangers will decide the outcome. A method that can bring the parties some peace. It’s time to pause.

A skilled mediator can help you negotiate your own solution to this dispute. Prof. Michael Avery has seen people in conflict during his half a century at the Bar. He knows how they behave and is sensitive to how they feel when they are under stress. He has seen and experienced firsthand the frustration and disappointments that litigation entails. During his three decades as a trial and appellate lawyer and two decades of law school teaching, he came to believe that there is a better way of resolving disputes. He brings a practical and a scholar’s knowledge of how disputes are resolved, and the creativity and imagination of a novelist to bear in helping the parties reach an agreement. 
Prof. Avery is available for the mediation of a wide variety of disputes, including commercial cases, business and employment litigation, personal injury claims, and civil rights matters, in New Mexico and across the United States. He does not mediate family law disputes. 

I have been practicing law for over 35 years in Massachusetts. My work includes defending police and other municipal officials in Civil Rights matters. I have known Michael Avery for the entirety of my career, and I have found him to be extremely knowledgeable in the area of Civil Rights. Michael is fair, rational, and articulate. Given his expertise and personality, I have no doubt that he will be a tremendous resource to all parties as a mediator.

I practiced law for many years in Boston, primarily as a defense lawyer in civil actions. Michael Avery is well known to me. We were on the opposite sides of several cases. He was invariably courteous, respectful, fair, and smart. I'm confident he would be objective and a helpful neutral to both sides in any mediation.

In my career I have represented plaintiffs and defendants for insurance companies. I have participated in over one hundred mediations. Prof. Avery is an exceptionally strong mediator. His perspectives as a former trial lawyer and law professor will bring to mediation the realities of trials and the justice system and a keen ability to analyze the parties' legal positions. He is insightful, quick to glean the dynamics of the parties and their counsel. Yet Prof. Avery remains sensitive to the clients’ needs and perceptions.  He is a solid first choice for your next mediation.

Leonard H. Kesten 
Brody Hardoon Perkins & Kesten, LLP

Peter Knight
Morrison Mahoney, LLP (ret.)

Robert Friedman
Burns & Levinson (ret.)

Get in Touch

Michael Avery
P.O. Box 22041

Albuquerque, NM 87154


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