As with all forms of dispute resolution, it is critical to have the right team on board. This also includes your arbitrator or mediator, depending on the type of alternative dispute resolution you have agreed upon.
With mediation, a third-party mediator is responsible for helping both parties work through the mediation process to reach a settlement.
Generally speaking, mediation is a more cost-effective form of dispute resolution compared to say, traditional litigation. However, despite being more cost-effective in comparison, it doesn’t mean that mediation isn’t expensive.
Experienced mediators are known to charge several thousands of dollars a day. This cost doesn’t include the cost of hiring lawyers, expert witnesses, and costs of commuting and time away from work.
So how do you choose a good mediator?
To gain a higher chance of successful mediation, you need a skilled mediator who is suitable for you and your case.
Very similar to how one man’s treasure is another man’s poison, finding a good mediator for you isn’t always just about qualifications and achievements, although these inevitably do help. It does pay off to have a mediator you can get along with, and one who preferably understands the position you and the other party are coming from.
Nevertheless, here are some key points to help you choose a good mediator for your case.
A realistic evaluation of the case
A good mediator is one who is able to obtain a realistic evaluation of the case. To do so, a full discussion of the issues need to take place in a joint session where parties are able to present their facts and receive the other side’s opinion.
Not only does this help parties to understand the realistic view of the issues from the other party’s perspective, but also helps the mediator identify aspects that may require more facilitation to reach an agreeable settlement.
A good mediator should be able to identify the strengths and weaknesses of the case, the most probable outcome should it proceed to trial, the estimated litigation costs of the case, anticipate what each party will do, and what the best course of action is to settle the case.
Testing the validity of party positions
During negotiations, a good mediator should continually test the validity of each party’s position.
This assessment will help the mediator understand the progress of the case, which will help facilitate reaching a settlement.
Tenacity to keep the negotiations going
It is the job of a mediator to ensure that negotiations continue until each party has offered their best on the table.
Statistically speaking, a settlement is often reached when parties are convinced that they have been presented with the other side’s best offer.
In the event that parties are in disagreement and a deadlock happens, a good mediator will have the skill and experience to keep negotiations going. Once negotiations stop and a settlement is not reached, the chances of reaching a settlement significantly reduces.
Successful mediators are tenacious with a fine skill to break through impasse regardless of the obstacles present.
While not every mediation case will be successful in reaching a settlement, there is a generally high rate of success in the hands of a skilled and experienced mediator.
A track record for timely success
An emphasis on the word “timely” is a must when assessing a mediator’s qualities.
Similar to most forms of dispute resolution, mediation does not necessarily have a deadline for reaching a settlement. As a result, mediation can take years should parties reach a deadlock and neither are willing to negotiate further.
The challenge over timely settlements can be countered through online mediation platforms that have successful track records of reaching settlements as quickly as 30 days.
Nevertheless, a good mediator is one who has the tenacity to go the extra mile in hopes to reach a settlement for both parties.
