Tips for picking the right mediator

Tips for picking the right mediator

If you actually want to settle a case with a mediator, picking the right one is critical, and here are some tips on how to do that easily.

A lot of people don't give much thought to the mediator they use; relying, instead, on the luck of the draw and hoping the mediator can work a miracle, which they sometimes do. But selecting a mediator suited for your matter increases the chances of actually resolving it.  

I've had the privilege of mediating all sorts of cases - trademark disputes, billion-dollar false claims act matters, civil rights and personal injury matters, breach of contract and business disputes, to name a few - and I truly enjoy getting to know the parties, the attorneys, and tackling the variety of issues in their cases. 

Despite my success with such a variety of matters, I'm the first to acknowledge I may not be the right mediator for every scenario, and attorneys or parties (if attorneys are not involved) should make sure they know what they are getting with a mediator before selecting that mediator for a particular matter. Therefore my advice to attorneys and parties is to:

1) Ask the mediator about her/his approach to determine if it would be a good fit for the issues and personalities involved.  

2) Ask the mediator about the services included in the fees and whether there are any discounts available so you can assess whether that mediator makes the best financial sense for the client.

3) Ask the mediator about them; that is, get to know the mediator. Find out if this is someone who can establish rapport with your client and even the opposing party and attorney to determine if the mediator can be trusted and can move the parties toward resolution.

If you are serious about finding someone who can help you resolve a case, don't just rely on the random assignment from a case manager, use these lines of questioning and actually speak to the mediator.  

I'll be answering these questions myself in upcoming posts, but feel free to contact me now so I can answer them in the context of your case.