- June 24, 2023
- Posted by: Christopher Hanson
- Category: Uncategorized
Lawyers typically consider several factors when selecting a mediator for a dispute. Here are some common considerations:
1. Expertise and experience: Lawyers look for mediators who have relevant expertise and experience in the specific area of law related to the dispute. This could include knowledge of real estate law, contract law, intellectual property law, employment law, or any other relevant field. Mediators with a strong background in the subject matter can better understand the nuances of the case and help facilitate a resolution.
2. Reputation and credibility: Lawyers often seek mediators with a reputation for professionalism, integrity, and impartiality. They may inquire about the mediator’s track record, ask for references or recommendations, and consider their standing within the legal community.
3. Mediation skills and style: The mediator’s approach to mediation is crucial. Lawyers may assess the mediator’s communication and negotiation skills, ability to manage conflicts, and their overall style of facilitating discussions and guiding the process. Some mediators may employ evaluative techniques, while others focus on facilitation or transformative approaches. Lawyers consider which style would best suit their specific case and the parties involved.
4. Compatibility with the parties: Lawyers assess whether the mediator is a good fit for the parties involved in the dispute. This includes considering factors such as cultural sensitivity, personality dynamics, and the ability to establish rapport and trust with the parties. A mediator who can effectively manage power imbalances and foster open communication is highly valued.
5. Cost and logistics: Practical considerations such as the mediator’s fees, availability, and location may also influence the selection process. Lawyers need to ensure that the chosen mediator’s fees are within the budget and that their schedule aligns with the parties’ availability.
At Real Estate Mediation Service, LLC, I believe we have the right blend of all these characteristics. With 40+ years of experience as both a broker and layers, I know the business from both perspectives.
Ultimately, the selection of a mediator is a decision based on the unique circumstances of each case. Lawyers carefully assess these factors to choose a mediator who can effectively facilitate the resolution process and increase the likelihood of reaching a favorable outcome for their clients.