Interview with Ann Cook, a mediator and arbitrator and recent addition to Phillips Alternative Dispute Resolution (ADR) Enterprises, or PADRE’s distinguished panel of neutrals, conducted by Phillips ADR
Ann Cook joined the Phillips ADR’s panel of neutrals in 2024 after serving 10 years as a senior lawyer for Ernst & Young LLP (EY), one of the largest professional services firms, including two years as EY’s Vice Chair and General Counsel for the EY US member firm and member firms in the Americas region of the EY global organization. In addition to overseeing a large acquisition, regulatory and litigation dockets, she led the legal strategy for EY’s Americas firms’ during a $15B acquisition and divestiture transaction—one of the largest ever attempted—that would have resulted in a new global consulting firm. Ann also advised EY on complex public disclosure issues, bankruptcy filings by clients, and a host of corporate matters including banking, contracts and governance. Ann’s tenure as General Counsel came during a period of unprecedented regulatory activity. Prior to EY she was a partner and trial lawyer at King & Spalding LLP, representing plaintiffs and defendants in high-stakes, complex litigation and regulatory matters in federal and state courts and in arbitration hearings.
We caught up with Ann during her busy mediation schedule to get her insights on the practice.
(Q): What motivated you to become a mediator and join Phillips ADR?
(AC): I’ve been involved in mediation and arbitration settlements my entire career. At EY, I experienced all types of mediators and arbitrators. I’ve had the privilege of being both a plaintiff and a defendant and learning through first-hand experience what works best in the mediation environment. I have a passion for creative problem-solving and have been told that I can be rather tenacious when it comes to finding solutions. All this has led me to become a mediator. I also have experience across a very wide range of matters. People naturally think of EY as an accounting firm, but in actuality, it is a global consulting firm covering every industry. I would often comment that being an in-house lawyer for EY meant that you had to be fluent in all types of matters because the issues faced by EY’s clients were our issues as well.
Whenever I had a significant matter in which a client was facing considerable exposure and risk, I called upon Layn and Phillips ADR. It is a simple calculation: when the stakes are high, I relied on Phillips ADR to find a resolution. For other matters, there is a balance of considerations that influences who you hire as a neutral and when you hire them. But Phillips ADR is the leading mediation firm in the U.S. for complex, high-stakes matters, and Layn was our chosen go-to mediator.
When considering the different mediation firms I could join, Phillips ADR was at the top of the list. Phillips ADR handles the biggest, most complex matters and those are the types of cases that fit with my background and expertise as a former General Counsel to a global organization. I believe the perspective and experience I gained from a decade of representing a large professional services firm is complementary and additive to the Phillips ADR panel. I was also very impressed with the distinctive aspects of Layn’s mediation process and style, which I felt differentiated Phillips ADR vs. other mediation firms I had worked with, and I wanted to be a practitioner of that process.
Lastly, I have to comment on the team approach that Phillips ADR brings. I have had the pleasure of working side-by-side with several fellow panel members. We have experts in different fields that we can call upon as the case needs to get the absolutely best experience at the table. This also includes insurance experts, which I find to be hugely valuable and I think our clients would agree.
(Q): In your view, what is distinctive about the way Layn practices mediation and why did you consider this important to client stakeholders?
(AC): First of all, there have been many press articles that praise Layn as a mediator, his process and the results it produces. They often mention Phillips ADR’s “merits-based approach to resolution”, how this helps parties gain a realistic view of the value of their case and puts them on a path to resolution. Layn has a strong reputation as an honest broker who is fiercely neutral and wins all sides’ trust that their views will be represented. I have witnessed first-hand his creativity in proposing solutions to complex, high-stakes cases and how all this leads to success in mediation.
Also, the level of preparation by the neutrals at Phillips ADR, the process that they follow, and their protocols in following up on a mediation is unparalleled. Simply put, the merits matter and Phillips ADR dives into the merits like no other firm.
(Q): I guess I’m surprised that working hard to prepare for a mediation and following up to help the parties achieve their reason for having one in the first place is a differentiating client experience.
(AC): Yes, exactly! It is often overlooked. Surprisingly, a factor that does come into play when hiring a mediator or arbitrator is, are they willing to work hard on your matter?
I once had a mediator tell me that they refused to look at any evidence. I was so shocked by this that it has stayed with me for years as an example of what not to do. By digging into the case, I feel that the clients are getting the benefit of a fresh perspective and someone who can give them reactions to their position in a confidential environment. So even if the case doesn’t settle, there is tremendous value to going through the process. No one needs a mediator to just carry numbers back and forth between two rooms. If you are hiring a skilled mediator, you deserve someone who has gotten up to speed on the case and adds value. So as a mediator and arbitrator I work very hard to understand the case in the way the parties see it. That means staying neutral and hearing what is driving the matter from their perspective This is a differentiator for Phillips ADR.
(Q): What is it that distinguishes Phillips ADR’s approach to mediation preparation and follow-up?
(AC): Without giving away the recipe for the secret sauce (!), the Phillips ADR team spends numerous hours in advance of every mediation in preparation. They not only collect detailed information on the relevant evidence and settlement positions of the parties, but also information on the legal issues, the presiding judge, damages assessments, drivers of settlement positions and other elements that lay the foundation for a productive mediation. This preparation enables the Phillips ADR team to deeply understand the party’s going-in positions, the strengths and weaknesses of their case and settlement positions and helps the parties recognize the best and worst possible situation if the case were to go to trial.
If a case doesn’t resolve on the day of mediation, Phillips ADR then employs a process of actively following up with the parties to understand what created the impasse and pinpoint ways to break the impasse. Phillips ADR also taps the wisdom of its selective, highly expert and diverse panel to collaborate in addressing any challenging obstacles that block the path to resolution.
(Q): Let’s keep pulling on that thread, Ann. Talk about the unique value proposition you bring to clients and how your background and career map into the client experiences you just mentioned.
(AC): For example, my background and career enable me to bring comprehensive hard-to-match sector and domain expertise to clients involved in financial services disputes where complex accounting issues take center stage. Accounting issues are so frequently the target of lawsuits because regulators are scrutinizing them in ways we’ve not seen before. Even where the accounting firm is not named, they are often key witnesses to the accounting and auditing work, and one side seeks to leverage them as either a sword or a shield. I can support both plaintiff and defendant bars in understanding and predicting their perspective. Counsel for these cases often needs a mediator who can explain complex accounting issues to their clients. Or the dispute may be a matter that carries substantial risk and exposure for a corporation where the General Counsel needs a mediator who understands their situation and can provide advice to sidestep pitfalls. My background and deep experience in financial services matters map into those scenarios in ways that perhaps few other mediators or arbitrators do.
(Q): What would you say are some of the key proof points from your background that support that?
(AC): My time as General Counsel at EY was unprecedented. Many have commented that my time in that role was like no other. I had to settle significant regulatory and civil matters and I was responsible for America’s legal strategy for one of the biggest acquisition and divestiture matters that has ever been attempted. I dealt with all the complications that came with it, including resolving purchase price disputes and a host of internal problems in order to keep the deal on track.
Clients won’t find many others who have dealt with the volume of cases that I’ve dealt with in financial services and the insights in settling disputes that come from that volume of work. I understand the corporate dynamic, internal pressures, PR exposure impact, and how to manage the various constituencies, which can include boards, investors, partners and the public.
(Q): ‘Creative solutioning’ if you will, is one capability clients are always looking for. Comment on that.
(AC): I’ve been lucky in my career to have worked in just about every sector. I’ve run corporate and litigation departments and managed a huge volume of matters. From this I gained a unique experience and perspective. It allowed me to build a deep reservoir of settlement ideas and strategies that I can now call upon.
In crafting solutions, I draw on my experience spanning all industries, types of matters, and diverse geographies outside of the U.S. I’m a problem solver, which is why I was a General Counsel. You solve problems. You find the path to get to “yes”. That is the job. But for me it is also something I enjoy tremendously. I find it hugely satisfying to help clients get to a settlement.
(Q): Ann, that’s a very clear, direct extension of your career journey. What other practice areas and sectors has your career journey helped shape the unique value you can bring to clients as a neutral?
(AC): I also have extensive experience in employment matters spanning virtually all types of cases, from big class actions to single plaintiff matters. I have been involved in court cases, mediations, arbitrations, Equal Employment Opportunity Commission (EEOC) cases, partnership matters, wrongful termination, discrimination and sexual harassment disputes. So, I’ve had experience dealing with and resolving almost every type of claim that employees (either individually or as a group) can assert.
From a corporate perspective, I’ve dealt with virtually every kind of high-profile, brand-impacting issue that can come with employment claims and so I think I bring a unique perspective on and appreciation for the brand risk that often accompanies these diverse types of employment disputes. This is a ‘hot space’ for mediation today.
(Q): Ann, thank you, that was an outstanding interview. Congratulations on joining Phillips ADR’s distinguished panel of mediators and arbitrators.
More on Ann C0ok: https://phillipsadr.com/our-team/ann-cook/
* See: Meet the Ex-Judge Mediating J&J’s Talc Concealment Suit, Law 360 Pulse, February 26, 2024
https://www.law360.com/pulse/articles/1806230/meet-the-ex-judge-mediating-j-j-s-talc-concealment-suit
** For more on the Phillips ADR mediation process, see the interview with Hon. Layn R. Phillips (Ret.), from ADR Times, October 10, 2022, https://www.adrtimes.com/whos-who-in-adr-hon-layn-r-phillips/
*** Ibid.
**** To see a list of representative mediations that Seth has worked on at Phillips ADR, see his LinkedIn profile under Projects. https://www.linkedin.com/in/setharonson1/
