Impartiality and neutrality of the mediator are the cornerstones of mediation. There can be no trust in the person or confidence in the process without these. Be absolutely sure your client is confident of the impartiality and neutrality of the selected mediator.

Pick the right mediator, considering...

    Style - Select a mediator whose style matches the needs of your client and situation. Dimensions of mediator style include how the mediator views the problem (narrow or broad) and how the mediator views her/his role (evaluative or facilitative).

Narrow - focuses on details and positions of this specific case

Broad - considers more comprehensive client interests and values

Evaluative - directive, provides advice and opinions (e.g., likely trial outcome)

Facilitative - orchestrator of parties’ participation

(For evaluation of mediator style, click here and answer the questions as to how the "right" mediator for your client should respond. Mediators or people who refer them should be able to cite their style. If not, refer them to http://www.firstmediation.com/library/mci.htm

    Personality - have your client meet the mediator before final selection if possible

    Expertise - in the process of mediation and substance of the case

    References and Credentials

    Fees and Availability

     

Roles - You and your client should expect the mediator to...

... bring the parties to the table (convene)

... facilitate communication and understanding among counsel and parties

... help generate alternative solutions

... provide and suggest additional resources

... keep expectations reasonable through reality checks

... take the blame when a scapegoat is needed

... push for closure when settlement is within reach

... advocate for a clear, well documented settlement


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