What Are Things to Consider When Selecting a Mediator

June 28th, 2022 by admin Leave a reply »

It is no secret that mediation is still very successful in the majority of cases will settle on the mediation bail shortly thereafter. This means that in most cases, mediation is a final step so lawyers should consider whether they are doing all they can to prepare from radiation. The question of when to mediate warrants another consideration. The general rule should be to mediate as early as possible, but the aim is to find a balance between an early resolution and having enough information so as to be able to make an informed decision about settlement. When choosing a mediator, many lawyers had strayed to the senior ranks of the bar or the former bench thinking that an advocate is the best person for the job. In many cases that might be right, but the key is to find a good mediator, rather than a good lawyer mediator. Or mediations will deal with three broad issues being the legal, commercial and personal and the party should select a mediator who is able to deal with all the issues as and when they arise.

A solicitor might be more attuned to understand the client’s true commercial interests in dealing with costs issues and it is necessary to consider whether or not lawyer mediator with people skills might be more appropriate. Alternatively an industry expert may be the best choice particularly in a more technical orientated dispute such as engineering or construction dispute. Perhaps the matter may warrant co-mediators or another solution. If costs are an issue, some mediators may know of an assistant mediator who is willing to volunteer to offer their time in exchange for experience. Ultimately, the best mediators are ones with flexible to the needs of the parties.


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