TESTIMONIALS
| “They have become our preferred choice for mediation services in large cases. Our matters require a lot of time and effort on the mediator’s part, and they did this. They are the best I have ever worked with.” - Client, 2020 |
| "Along with his team, Bob Fairbank is undoubtedly one of the very best mediators in the country, and he has established that reputation among elite lawyers seeking to resolve high-stakes, seemingly intractable disputes. Bob’s success depends on a variety of factors, but the key ones—which could be put in any order—are empathy, intelligence, and diligence. Empathy enables Bob to understand what is psychologically necessary for the parties (and their counsel) to resolve the case. Intelligence enables Bob to understand the legal and factual pressure points of the case in order to make a fair and credible proposal, and to cut through the bluster and bluffing that bogs down mediations. Finally, diligence (and the support of his brilliant colleague Kimberly West) enables Bob to come into the mediation with a mastery of the case and enables him to sustain the process overs hours, days, weeks, or even months of ups and downs. Trying to enumerate Bob’s attributes, however, undersells him. He is one of a kind and a total package. His empathy, intelligence, and diligence are complemented by a self-effacing sense of humor, a fascinating life story, and a fundamental trustworthiness—along with many other virtues on which I could heap many superlatives. I’ve joked that his bite is as soft as a birddog’s but as unbreakable as a bulldog’s. He never berates or bullies either side, but he also never lets go until the case is resolved.” - Outside Counsel, 2023 |
| "Both [of my mediations with Fairbank ADR] were settled only because of Bob’s persistence, clear understanding of the outcome determinative facts, and the simple expression of the legal challenges faced by both sides. He has complete credibility with all sides of a lawsuit including not only the parties and their counsel but importantly, the insurers. If Bob says it the carriers accept it. Setting aside the preparation and legal acumen Bob brings to a mediation, what makes him stand out to me is his commitment to closing the deal. Bob could talk a dog off a meat wagon and somehow the dog would feel it was a great decision. Not quite sure how he pulls it off.” - Outside Counsel, 2023 |
| “Bob is an A-plus mediator. He is uniquely committed to finding solutions to complex cases, and does so by being exceptionally prepared, dogged in his follow-up, and fervent in his belief that all cases can be settled. I think Bob has found a formula that works very well. There are few in the industry as good and as thorough as he is." - Client, 2023 |
| “Mr. Fairbank excels as a mediator in a number of respects. First, he comprehensively researches the facts and law governing the matter. He distinguishes himself by digging in on such issues more thoroughly than any other mediator with whom I have worked, including posing a series of in-depth questions to counsel in advance of the mediation. He is exceptionally well prepared. Second, he is patient and carefully listens to hidden clues in what counsel and clients say. He and his colleague Kim West take detailed notes about the mediations, more so than any other mediator with whom I have worked, which enables them to pick up on slight changes in vocabulary that signal a change in position. Third, he is persistent. Unlike most mediators who give up if the matter does not settle during the mediation session, Mr. Fairbank continually follows up. I would describe him as relentless; he doesn’t give up before the case is settled, even if that takes years.” - Client, 2023 |
| “I give Bob my highest reference as a mediator. I like that he is ‘evaluative' in his approach. Bob and his team learn the case as well as the lawyers, so that they understand the nuances and key issues. Bob is able to use his in-depth knowledge of the case to help the parties reach a reasonable settlement. As Bob handles large and complex cases, these cases do not typically resolve in a single day. As such, Bob’s tenacity in following up with each side until the case is settled is critical and effective. I would not hesitate to use Bob for any sensitive and large case. He is clearly on a very short list of 'big-case' mediators.” - Outside Counsel, 2023 |
| “They do incredible research and preparation beyond any other mediation team I’ve encountered. Their legal analysis actually informs strategy in the litigation. Their litigation analysis, the sophistication of their understanding of each side’s stated and unstated goals and the deep commitment to understanding all the personal, professional and industry dynamics make them a great choice for the most complex matters.” - Outside Counsel, 2022 |
| Bob "is on my shortlist of go-to mediators for complex litigation. Both Bob and Kim are extremely responsive and hardworking. Bob Fairbank is bright and has a sophisticated understanding of complex litigation issues. He works hard to mediate disputes.” - Outside Counsel, 2022 |
| “Bob is a very gifted mediator. His diligence, the depth of his understanding of various complicated issues and his resolve set him apart from many others. He is a go-to for cases that require grit and fortitude because he has that in spades.” - Outside Counsel, 2022 |
| “I thought he was extremely well-prepared. Fairbank and [Kimberly West] were fantastic on the preparation side. They know the law inside and out. They also pointed out questions, for both us and the other side, that went to the heart of the case. They also pushed back on issues and were very good at finding a way for the case and the parties to get to a settlement. I think the preparation, and how well-prepared they were, were the key things. They were really professional, responsive and prepared. I thought it was a tough case to settle, and he did it very well.” - Outside Counsel, 2020 |
| “I find he is incredibly well-versed in complex litigation. He has the personal and professional skills to gain the immediate trust of both sides in very difficult high exposure cases because that is his background. I think he is thorough and thoughtful. He conducts the mediation process in a much deeper way than any other mediators.” - Client, 2020 |
| “I thought what was different about Fairbank was that he took the time to understand the facts about the case. He was also aggressive in following up with the parties. He was then ultimately able to get both sides to settle, based on his understanding of the claims. I thought he was different [than] other mediators, because he continued to fall back on the facts, explain the position of the parties and follow up on things. I am not sure we would have done it without Fairbank … I think he is smart, experienced and understands how things work. In my experience, other mediators wouldn’t have been able to achieve and continuously follow up in the same way that he did. I thought he was excellent. I would recommend him, as he knows what he is doing. He does a terrific job.” - Outside Counsel, 2020 |
“I think many mediators make very little use of the tools the counsel provides them, such as important facts or legal issues. However, Fairbank and West dug in, learned the issues, understood the nuances and worked very diligently to get the case resolved. I would be pleased to use them again.” - Outside Counsel, 2019 |
| “I came to trust Robert Fairbank and respect his judgment. I used him as a mediator and he was excellent. I think they have a great reputation.” (Outside counsel, 2019) | “Robert Fairbank and Kimberly West impressed me. I found they were always well-prepared, fully invested and patient. They also never gave up. They had incredible creative strength. I would describe their approach as ’never give-up determination.’” - Outside Counsel, 2019 |
| “I’ve used other mediators, but I think he is really one of the very best that I’ve used. I find he is very committed to learning about the cases and is not shy about really digging in. Sometimes mediators don’t really need to know everything, but he’s the opposite and asks detailed questions. I believe that preparation work really builds a lot of credibility. We’re dealing with someone who is a really smart lawyer who understands the issues, sometimes better than the lawyers. I find he can have intelligent questions with clients and is also really exceptionally good at follow ups. … I find he really knows his stuff. Robert Fairbank has one deputy, Kimberly West, who is very good and thorough. Together, I think they make for a really solid, dynamic team. Robert has lots of experience, having been a litigator for a long time, so he brings a lot of perspective. I think his signatures are his research and investigations beforehand. I find he also has tireless diligence.” - Outside Counsel, 2019 |
| “This was an extraordinarily difficult case to resolve, given the immense complexity of the issues and the dizzying range of interests and personalities. Your perseverance, patience, and optimism were the key. I cannot think of a single other mediator who would have stuck with this as you did. Hats off to both of you for this remarkable achievement.” - Outside Counsel, 2018 |
| “Aguirre said Fairbank pulled off a ‘miracle’ in getting the various parties to strike a deal. ‘Fairbank listened to everybody and made them feel like he understood their point of view … The numbers changed considerably over time … but he kept the momentum going [and helped us] find rational pathways to a conclusion.’” - Plaintiffs’ counsel quoted in Daily Journal, 2/14/18 |
| “Dear Bob and Kim, Thank you for your exceptional work throughout this process. Your diligence – and, yes, your persistence – is unmatched in the industry.” - Outside Counsel, 2019 |
| "Bob and Kim, Thank you for your tenacity, intellect, and commitment. This would not have gotten done without you. Hugely impressive, and we are glad we had the opportunity to work with each of you.” - Outside Counsel, 2020 |
| "Bob and Kim, It was a real pleasure working with you on what was easily the most difficult settlement that I’ve ever been a part of. Thank you both for your hard work.” - Outside Counsel, 2020 |
| "Thanks for your persistence and patience and hard work in helping drive this case to resolution. I will definitely recommend you to my partners!” - Outside Counsel, 2020 |
| “Both [of] you … did a great job … There’s absolutely no doubt that it could and would not have happened without your work. Looking forward to working with you again.” - Outside Counsel, 2019 |
| “Bob/Kim, On behalf of the team, I want to express our appreciation and gratitude to the two of you for doing an excellent job on our difficult case. We believe that a settlement would not have been possible without your help and we achieved an outcome that is fair to both sides. Thank you!” - Client, 2019 |
| “Thanks again for exercising outstanding professionalism, commitment, and patience necessary to drive us to a settlement … I am happy to serve as a reference attesting to your extraordinary skills as a mediator should that ever be of value to you.” - Client, 2019 |
| “I am confident that we would not have succeeded in getting to this point without your dogged persistence and effective shuttle diplomacy.” - In-house Counsel, 2018 |
| “Bob, Thanks for your Herculean perseverance.” - Outside Counsel, 2016 |
| “Bob and Kim - you guys did a fantastic job. It was our client’s first time in mediation and he was highly impressed. Thank you.” - Outside Counsel, 2019 |
| “Thank you again for your relentless persistence and incredibly hard work in helping the parties to reach a settlement of a very complex case.” - Outside Counsel, 2016 |
| “Bob: Thank you for your hard work, persistence, and persuasion directed at both sides … It was indeed a pleasure to work with you, Bob, and we look forward to having that privilege again.” - Outside Counsel, 2015 |
| “Bob and Kim, Excellent job as always. Greatly appreciate all of your efforts.” - Outside Counsel, 2018 |
| “Thank you Bob and Kim for your persistence and excellent work.” - Outside Counsel, 2018 |
| “To say that I’m pleased with your and Kim’s efforts to settle this vexing matter would be an extreme understatement.” - In-House Counsel, 2020 |
| “Bob and Kim, Thanks for your always insightful pre-mediation questions. Not only is this a useful exercise to complete on the eve of mediation, it also demonstrates the depth of your preparation – which is appreciated by us and our clients.” - Outside Counsel, 2018 |
| “Thanks, Bob. You and Kim were excellent!” - Outside Counsel, 2019 |
| Copied on email to opposing counsel: “Thank you for recommending Bob as the mediator. He had the right temperament and commitment to resolve the case.” - Outside Counsel, 2015 |
| "Bob and Kim - Thanks so much for all of your help ... Really appreciate everything you did to go above and beyond.” - In-House Counsel, 2019 |
| "You both did an amazing job in a very difficult case … Thank you again.” - In-House Counsel, 2019 |
| "I thought you both did a fantastic job and helped immensely in getting to a good outcome for both [parties].” - In-House Counsel, 2019 |
"You guys did a FANTASTIC job. Until the next one… Thanks again!” - Outside Counsel, 2021 |
| "Bob and Kim, Thank you both so much for helping us resolve this matter. It was an absolute pleasure working with you both. Without your skill and determination we would still be litigating. We are all very grateful that you were able to get the parties to where we ended up.” - Outside Counsel, 2021 |