Michael G. Mullin’s primary goal has always been to ensure justice is done – first in court as a full-time trial attorney – and now out of court – as a full-time mediator, fast-approaching his 5,000th case – including a significant resolution agreement, which has the potential to save lives, involving a vital medical procedure.

Known as one of the hardest-working mediators in the country, settling more than 90 percent of his cases, this dedicated family man wields an impressive breadth of honors and civil and legal offices held, including being repeatedly recognized by Best Lawyers in America and Chambers USA, with its highest rating, “Star” attorney.

Serving as past president of the Omaha Bar Association, Mullin is a recipient of the OBA Lifetime Achievement Award, the Nebraska State Bar Foundation Legal Pioneer Award, founding member of the Nebraska Mediation Association, and been inducted into the American Board of Trial Advocates, the International Academy of Mediators, the National Academy of Distinguished Neutrals, and the American College of Civil Trial Mediators – just to cite a few of the accolades he has earned over the years.

However, his legal aspirations harken back to his more formative years. Here’s the path that led him to embark and dedicate himself to a most righteous, decades-long career.

He is among a number of metro area attorneys being profiled in The Daily Record, as a tribute to the legal profession, and their dedication to the rule of law.

• Why Did You Choose To Be A Lawyer:

My father was a prominent trial lawyer in Omaha for his entire career. Frequently at the dinner table, he would ask our family about cases that he was handling, and particularly cases that were going to trial. In a sense, he was using all of us as a focus group to get our reactions to certain facts and arguments that were at issue in his cases. I remember many spirited discussions where we would disagree on topics and issues in his cases.

But I learned at a young age that there were often two sides to every story, and I was fascinated to hear how juries would decide cases that we had discussed as a family. This set the stage at a very early age that I wanted to follow in my father’s footsteps to be a trial lawyer. It also helped that my older brother, Bob, decided to go to law school and practice law with our father.

During college summers, I was a “runner” for my father’s law firm, which exposed me to filing pleadings at the courthouse, delivering documents to other attorneys and their staffs, and having the opportunity to sit in and watch trials taking place in the courthouse. In addition to watching my father and my older brother in trial, I was able to see other outstanding trial lawyers, such as Warren Schrempp, Marty Cannon, John Miller, and others, in trial. This only increased my desire to try to become a trial lawyer myself.

• Where Did You Receive Your Law Degree:

I graduated from Creighton Law School in 1980 and immediately joined my father’s law firm, Boland, Mullin & Walsh, as an associate attorney. My brother had joined the firm six years ahead of me.

• What Type Of Law Did You Specialize In:

For the first 20 years of my career, I practiced insurance defense litigation. At the time, it was considered one of the premier areas in which to practice law. It allowed me to try dozens of jury trials and countless non-jury trials as a relatively young attorney. During the 1990s, mediation started to take hold in this part of the country, and my opportunity to take cases to trial fell off a cliff due to the popularity of mediation, which was faster, less expensive, and allowed parties to have direct input into the outcome of their cases.

In 1999, I decided to take mediation training, and then I conducted my first mediation as the neutral in January of 2000. My mediation practice took off, and I transitioned from being a full-time trial lawyer to a full-time mediator. In the past 25 years, I have now completed over 4,850 mediations. I am looking forward to conducting my 5,000th mediation later this year or early next year.

• Place Of Employment:

For the past 17 years, I have been a partner at Kutak Rock LLP. The firm’s headquarters is in Omaha, but the firm has approximately 20 offices throughout the United States.

• Importance Of Lawyers To Society:

Lawyers are critical to our society in many ways. Lawyers and judges enforce the rule of law, both in criminal and civil matters. The Judiciary is one of three branches of government and is responsible for enforcing the laws and determining the constitutionality of laws in the United States. Without lawyers, people who have been victims of a third party’s negligence would have no means of recourse.

People who have been sued but believe that they have valid defenses would have no means of defending themselves. Lawyers ensure the enforcement of criminal laws while affording the accused with a legal defense with the presumption of innocence. Lawyers serve as judges who ensure a properly working court system. It is inconceivable to imagine a society without the presence of lawyers to ensure that the rule of law is maintained.

• Rewards Of The Job:

The primary reward for me – both as a trial lawyer and as a mediator – is to do my best to ensure that justice is done for all persons with whom I have professional contact. Although I loved trying cases – particularly jury trials – during my career as a trial lawyer, I now get even more fulfillment by keeping litigants out of the courtroom by facilitating negotiations to resolve disputes before the litigants take on the time, expense, and risk of what can happen in a courtroom.

• Biggest Challenges:

As a mediator, my biggest challenge is dealing with litigants who have suffered a catastrophic injury or loss, and dealing with the reality that somehow money is the only compensation available in the courtroom. I believe that all life is invaluable and incapable of monetary valuation. And yet we have a system that empowers juries (and judges in bench trials) to place a valuation on a loss that is theoretically incapable of monetary valuation. In mediations, there are sometimes non-monetary terms that can help bring closure to the parties and improve “the system” to perhaps make it less likely that a similar loss might occur.

One example was the tragic case of a young 19-year-old who died as a result of aortic dissection. Aortic dissection was extremely rare in teenagers EXCEPT when there was a family history of aortic dissection. This young man had an uncle who had died of aortic dissection and a father who survived an aortic dissection. As part of a monetary settlement, the family of the decedent and the health care provider at issue collaborated on the production of a video that was sent to hospitals around the United States, alerting them to the need to inquire about family history of aortic dissection in young men and women entering emergency rooms with complaints of chest pain. If there was a positive history, the standard of care required an emergent chest CT scan to explore the potential for aortic dissection. Hopefully, that video has helped save numerous lives in the years since the video was disseminated.

(Please note: articles and videos regarding this case can be found online and on YouTube under the title: “The Tyler Kahle Story: Aortic Dissection at Any Age.”)

• Proudest Moment And/Or Accomplishment:

Although I have been fortunate to receive some honors and recognitions throughout my legal career, I am most proud of my family. Joani and I just celebrated our 42nd anniversary, and we have four wonderful children and four adorable grandchildren. Fortunately, two of our children and all four of our grandchildren reside in Omaha, so we get to spend time with them every week and weekend. Secondarily, rather than a particular moment or case, I am proud of the fact that I will soon celebrate my 5,000th mediation, successfully settling the vast majority of them. It’s really hard to mediate cases day after day with the stressful moments during the mediation, while reviewing all of the position papers and supporting materials each night for the next day’s mediation. But it’s a body of work of which I am very proud.

• Best Advice To New Lawyers:

Work hard. Be kind and courteous to everyone, including opposing counsel, courthouse staff, and your own legal staff. Never lie to anyone. Once an attorney destroys his or her integrity, it is almost impossible to regain it. Become active in the Omaha Bar Association and the Nebraska State Bar Association, where you will meet attorneys of all ages, some of whom may be potential mentors or at least individuals to call if you have any questions.

• After A Hard Day In Court/With A Client … :

I don’t have much time to unwind. Once a mediation is completed, I turn my focus to the next day’s mediation. I try to have dinner with Joani whenever possible in the evening and get to my grandchildren’s baseball, softball, soccer, basketball, and volleyball games as much as possible. And I do enjoy playing golf, particularly once I accepted that I am both a lousy golfer and past the point of getting any better.

• What People Don’t Know About You:

I try to be as transparent and open to the people I encounter every day, so I doubt that there is anything that my colleagues and mediation participants don’t already know about me. I do keep my political opinions to myself, although I have not worn a red tie since January 6, 2021.

• Should A President Be Above The Law In Terms Of Immunity:

No.

• What’s Your Secret Sauce, So To Speak:

First, unlike some mediators, I review every page of every document that is submitted to me by counsel prior to each of my mediations. I want to know the case and the relevant issues, as well as the attorneys who will be mediating the case with me. Second, I try to treat every attorney and litigant with respect during every mediation. Third, while I do speak with each party about risk assessments, I never make predictions about how a jury or judge might view a particular case. I am well aware that I have no ability to predict what might happen in a particular case that goes to trial.

• How Did You Celebrate National Law Day:

I spent the day mediating a nursing home malpractice case. Although I would have loved to attend the Law Day luncheon, my time was better served in keeping some parties out of the courtroom.