027: Settling For Success: Resolving Disputes with Wisdom from the Honorable Michael Hegarty

Dispute resolution is a talent, and those gifted with this talent are adept at reaching out to both parties during conflict resolution to reach an acceptable conclusion.

On this episode of Children First Family Law, Krista welcomes the Honorable Michael E. Hegarty, long-time attorney, litigator, and a retired federal judge from the U.S. District Court for the District of Colorado. Judge Hegarty served 19 years on the bench before retiring in January 2025. He now does private mediation/arbitration through JAMS, the world’s largest private alternative dispute resolution provider. Judge Hegarty was Krista’s first boss following law school; she served full-time as his law clerk, working alongside him, and learning the art of alternative dispute resolution (“ADR”).  In the magistrate judge role, Judge Hegarty had the unique authority at U.S. District Court to lead more than 1,00 settlement conferences, resolving almost all of them, including high-profile cases such as one of the civil cases of the Aurora “Batman” movie theater massacre.

Krista and Judge Hegarty explore his entry into the legal field at an international law firm, his rise to chief of the civil division at the U.S. Attorney’s Office, and his appointment to the bench as a federal magistrate judge. Judge Hegarty recently retired and shares his new role as a dispute resolution provider with JAMS, his reflections on why he has so much success at ADR, and his insights into the power of settlement to create better solutions for families. Krista and Judge Hegarty share some stories of peaceful resolutions in actual cases, how brokered agreements can lead to solutions unavailable in courts, and why the need for ongoing relationships in divorce cases requires careful handling

Judge Hegarty’s long record of successful dispute resolution is impressive, and his strategies for ADR can help attorneys and families find common ground that leads to resolutions that are best for children and their parents.

In this episode, you will hear:

• Krista’s work with Judge Hegarty as first his intern and later his law clerk at the U.S. District Court as her first job out of law school
• Judge Hegarty’s background from working at an international law firm to rising to chief of the civil division at the U.S. Attorney’s Office and then to his appointment to the bench for years of service as a judge
• Judge Hegarty’s recent retirement and new role at JAMS, the world’s largest private alternative dispute resolution (ADR) provider where many of the best judges go to continue to help resolve conflict for parties after retirement from the bench
• His reflections on why he has such success at ADR, what approaches work best, and how relational attunement can lead to agreements
• Judge Hegarty’s insights as to how settlement often has the power to create better solutions for families
• Judge Hegarty mediated the civil settlements in the Aurora theater shooting case, with Krista assisting as his law clerk in resolving claims and providing closure to victims' families.
• How brokered agreements leave outcomes in the hands of parties and offer solutions not available in court, such as apologies and other non-monetary wins
• ADR’s benefits for people divorcing so that ongoing coparenting relationships can be preserved
• Attorneys’ obligation to advocate for their clients as well as families

Resources from this Episode

www.childrenfirstfamilylaw.com

https://www.jamsadr.com/hegarty/

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