From Civil Rights to ADR: Shining the Spotlight on Donald M. Lewis, Esq.’s Path to Conflict Resolution

Learn about his legal journey, the pivotal moments that shaped his passion for ADR and how his diverse experiences have solidified his reputation as a credible fact-finder and problem-solver in complex, high-stakes situations. 

Please provide a snapshot of your legal career prior to joining JAMS.

My career began at the U.S. Department of Justice, where I spent 10 years, first as a trial lawyer in the Civil Rights Division in Washington, D.C., and then as an assistant U.S. attorney in Minneapolis. In 1988, I transitioned to private litigation practice, focusing on complex employment litigation, internal corporate investigations and white-collar criminal defense. In 1996, I co-founded Nilan Johnson Lewis, a 60-lawyer litigation firm in Minneapolis, where I served as a shareholder until my retirement in 2023. My 35 years in private practice were briefly interrupted from 2008 to 2013 when I had the honor of serving as dean of Hamline University School of Law. Throughout my career, I have strived to display professional excellence, sound business judgment and ingenuity in crafting solutions to conflict.

How did you get interested in alternative dispute resolution (ADR)?

As a corporate litigator, I readily recognized the value of early evaluation and mediation in resolving most of my clients’ disputes. There were a few occasions when I served as a mediator that I found very gratifying, as the work was a sharp contrast to the protracted litigation to which I was accustomed. I also admired several “go-to” mediators in Minneapolis, including leading JAMS panelists who were former colleagues in the federal courthouse.

What are some of the highlights of your career to date, whether in ADR or litigation?

I was often engaged by business entities and government agencies to lead sensitive, high-profile investigations, often involving allegations of executive fraud or other misconduct in the C-suite. One notable example is when I was appointed by the Archdiocese of Saint Paul and Minneapolis to review its policies and protocols related to clergy sexual abuse of minors. Additionally, before George Floyd’s murder, I served as a special prosecutor in the Philando Castile case. These roles allowed me to earn a reputation as a credible fact-finder and problem-solver for critical and delicate predicaments. My ability to navigate complex and sensitive issues with integrity and thoroughness has been a cornerstone of my career.

What practice areas are you passionate about and why?

In my early days with the federal government, I trained as both a civil rights attorney and criminal prosecutor. That translated to defending corporate executives facing allegations of discrimination, fraud and other misconduct. I also gained experience in corporate governance from my service on nonprofit boards. I found great satisfaction in navigating and resolving conflicts in boardrooms and executive suites, where strategic decision-making and ethical considerations are paramount. These experiences fueled my dedication to fair and equitable practices in all aspects of corporate governance and compliance.

How would you describe your mediation style? 

My mediation approach is to invest strongly in advanced preparation in order to show my commitment to the parties and to gain their respect.

By being well prepared, I can address the specifics of each case with confidence and clarity. Following this, I prioritize deep listening and active engagement early in each caucus room. This approach allows me to demonstrate fairness and earn the trust of all parties so that everyone feels heard and their opinions are valued. Finally, I adopt a pragmatic approach to guide the bargaining process. Rather than focusing solely on legal analysis, I emphasize understanding each party’s needs, values and risk tolerance. This holistic approach helps to facilitate mutually beneficial solutions that address the underlying interests of all involved. 

What traits have contributed to your success as a mediator?

I’ve tried to model the key attributes of accomplished mediators whom I observed in private practice: empathy, hard work and persistence. Because many disputes remain unresolved after the first session, follow-up is critical, and parties understand that I will push the process until a deal is done.

What professional accomplishments are you most proud of?

I am most proud of my work beyond legal practice. My service as the dean at Hamline was my first role in leading and managing a sizeable enterprise. I expanded experiential learning opportunities, improved the school’s national ranking and positioned it for eventual combination as Mitchell Hamline School of Law. Additionally, I became knowledgeable about health care and corporate governance during my service as board chair of HealthPartners, a large Minnesota-based integrated health care provider and insurer. During my tenure, HealthPartners combined with another major provider and chose a new CEO. 

Did you have a mentor? If so, what was the most memorable advice given to you?

Early in my career, while I was still a federal prosecutor, I applied for a judgeship on state district court. At the start of my interview with the selection committee chair, he told me, “I don’t understand why you want to be a judge. You haven’t finished being a lawyer yet!” He was absolutely right. 

What is your favorite pastime?

I enjoy cooking and baking, especially Cajun/Creole cuisine. In 2024, during my first full year of retirement, I prepared my first paella and won a Minnesota State Fair blue ribbon for my chorizo cheddar scones.