Media

An interview with Dennis Calcagno. (click the play button)

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The Massachusetts Lawyer
November 8, 2004

Non-Billable Hours
Every lawyer has a story, some more interesting than others. But Dennis J. Calcagno's tale reads more like that of a fictional character in an adventure novel than an arbitrator and mediator in Quincy.

At 51, Calcagno has done more than many will accomplish in an entire lifetime. From eating Ronald Regan's baked potato to "escaping" from Alcatraz, this guy's been around the block.

Calcagno's unusual career path began as a federal agent in the late 1970's.

Many people recall where they were when the U.S. Olympic hockey team defeated the Russians during the 1980 winter games. Calcagno was in a hotel room, lying on a couch with his .357 magnum next to him guarding Ronald Regan.
"I ate his baked potato," recalls Calcagno. "They didn't feed you on those details," he says, noting that he was also by Ted Kennedy's side when he announced his bid for the 1980 presidential race at Fanueil Hall.

As if the excitement of being a federal agent wasn't enough, Calcagno decided he wanted the adrenaline rush of high-speed chases, so he next became a police officer. But when the reality of standing out in the rain on a traffic detail set in, Calcagno turned his attention away from law enforcement and considered a future as an attorney.

He recalls being approached by a professor at New England School of Law, from which he graduated in 1985, who asked him why a cop would want to go to law school, then added that "cops don't usually pass the bar."

Apparently that comment only motivated the tenacious Calcagno who, upon graduating, realized just how much he hated lawsuits.

While he admits that in many instances lawsuits are integral part of American jurisprudence, he also believes "they are destructive and time consuming and take up a lot of wasted energy."

The solution to Calcagno's dilemma? He parlayed his legal career into the world of ADR, where he says he's able to apply his "passion to help people get to an agreement."

And while mediation and arbitration are certainly useful and meaningful ways of solving disputes, they are a far cry from the types of adventure that come with being a federal agent or a police officer. So Calcagno satiates his hunger for action by participating in grueling athletic events like "Escape from Alcatraz" in San Francisco.

The competition this past August began with a 1.2 mile swim from the famed prison to the shores of San Fran, followed by a 2.5 mile run and a 13-mile bike ride up and down the Presidio. That was followed by a 7.5 mile run along the edge of a cliff, on a beach and up 400 stairs made of sand, followed by a trek up another couple hundred stairs, all in under four hours.

He's currently in training for "Iron Man Germany," set for July 10 of next year where he'll endure a 2.4 mile swim and a 112 mile bike ride followed by a full marathon.

"The Iron Man will take about 13 to 14 hours," estimates Calcagno, who sounds more like a lethal weapon than a lawyer.

And, in fact, he is. Calcagno has studied martial arts since the ago of 11 and earned a black belt when he was 16.

It's this perseverance that Calcagno believes carries over to his mediation and arbitration practice.

"I'm very persistent," says Calcagno, who trains every Saturday morning by swimming 1.5 miles in the surf at Nantasket Beach in Hull.

If you can't catch up with Calcagno swimming on the South Shore, you might find him playing keyboard in Pembroke with his nondenominational Christian rock band; in his kitchen where he says he loves to cook; or doing pro bono ADR for the court system.

Otherwise, he's likely racing his sailboat or snowboarding down a mountain somewhere.

The lesson in all this, says Calcagno, is to find what you love to do and do it well. "People get discouraged and give up," he says, "Life is tough and I think the only way to succeed is to never give up. There are too many underdogs out there."

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Getting Your Case to Mediation
By Dennis J. Calcagno, Esq.

It is the single most asked question I receive as a mediator: "How do I get my case to mediation?" The answer is simple; let the mediator do the work.

Okay, so it's not quite as simple as that. There is some initial leg work required. First, you need to ask the other parties, "Can we mediate this case?" No one really wants to go to court, so reinforce that position and then add in the benefits of mediation (Top 10 Reasons to Mediate), and you should have a definitive, "Yes." The typical stumbling block: Deciding on a mediator.

Before you suggest someone or accept a mediator proposed by the other side, call the mediator. You are interviewing them to be sure they are, in fact, neutral. You also want to be confident that they understand the nature of the dispute. It is not a mistake to ask for references. And finally, the mediator should be able to refute any perceived conflict and dispel any mediation concerns on either side of the matter.

Keep in mind that good rapport and respectful communications from the start of the case will make it much easier to propose mediation. Recognize the other side's frustrations, acknowledge the strengths of their case, and be sure to point out the weaknesses - but do so matter-of-factly.

Be assured that requesting mediation is not a sign of weakness. Rather it is a sign of strength. Each side is convinced of the merits in their case, and those merits lose force with the passage of time. You are offering an alternative that will maintain the strength of their case. In addition, you will save money and time, you will formulate your own resolution and get everyone what they need.