Preferences to Keep in Mind When Selecting a Mediator
Allowing the other side to choose the mediator may seem like a compromise before even beginning the mediation process, but it really sets everyone on the right foot.
It demonstrates, first, that you’re serious about reaching a solution and are prepared to make concessions. In addition, the mediator has already established credibility with the other side since they picked him or her as their mediator, which will be useful when he or she is addressing your viewpoint with the other side and, ideally, seeking to convince them in your favor. Finally, it is crucial to realize that, although the goal of mediation is to reach a settlement, you are under no obligation to do so if you disagree with the stance adopted by the mediator throughout the mediation process. Since the results of the mediation are not legally enforceable, parties are not obligated to reach a settlement on the mediation day. If the opposing side’s selected mediator doesn’t work, you may always try again with a new one.
CVs and other biographical information of experts at trial are routinely obtained by the parties, but the mediator is frequently overlooked. You should ask the mediator about his technical knowledge and/or experience with the complexity of your case; however, this varies depending on the sort of case that is to be mediated. Knowing whether or not the mediator has experience as a plaintiff and/or defense attorney and in what jurisdictions they have done so most often is also helpful. The mediator’s ability to persuade the parties increases if they are familiar with the local court system and the possible jurors and judges. Find out whether the mediator has experience with the kinds of concerns that will be brought up (such as construction, medical, or appellate difficulties). A mediator who is well-versed in these matters will be an invaluable tool in settling the dispute.
Many cases scheduled for mediation do not end up being resolved until a later date. It is useful to know and consider the mediator’s success rate in settling disputes in the weeks and months after the mediation session. When mediators communicate with the parties after the mediation date, they are more likely to obtain a favorable resolution.These mediators demonstrate that they are invested in the outcomes of their mediations and do not see their role as temporary. (It’s worth noting that some mediators don’t charge for these follow-up conversations after the mediation, but if they go on for a long time or include a lot of extra work, additional fees may be incurred.)
Repeated referrals are the most effective marketing strategy, so make sure you give them enough!Networking is useless without referrals. Referrals from people you know are a great resource for finding a mediator who is a good fit for your case. In addition to recommendations from the attorney handling the case, names of mediators who are well-known in a certain profession may be gleaned from information gleaned at trade meetings, industry conferences, and even from rivals. Keep your ears open and get feedback from everyone around you about any positive experiences they may have had with certain mediators.