Essential Qualities to Look for in a Mediator

Mediation is a famous dispute choice because it’s less expensive and more flexible than litigation. However, not all mediators are created equal.

Choosing the right mediator is essential to a successful dispute resolution process. You’ll want to consider a variety of qualities, including likability, empathy, and fairness.

Experience

A mediator’s experience is essential to consider, mainly when the dispute involves a particular type of case or subject matter. However, some people believe that the level of subject matter expertise matters less than the mediator’s ability to remain objective throughout a mediation session and use their interpersonal skills to help parties find mutually agreeable solutions.

Mediators need to have the ability to establish credibility so that parties trust and respect them. This requires clearly articulating complex situations and concepts and presenting themselves consistently and professionally. Mediators also need to be able to read communication dynamics and display exceptional self-control so they do not display their genuine emotions during a mediation session, which could interfere with the process.

Mediators also need the ability to think creatively, reframe problems and perspectives and consider possible alternatives that the parties may not have considered. This creativity helps the mediator uncover options that might create opportunities for movement and resolution during a mediation session.

Credentials

Depending on the type of dispute, mediators may need specific credentials to handle it. A successful mediator must be able to help parties work through the stalemates that arise during mediation by using persuasive skills to stimulate new perspectives and offer reference points to consider.

Having the right demeanor as a mediator also helps. An approachable and empathetic style makes parties comfortable sharing their views, feelings, and concerns. A good Atlanta mediator law firm listens carefully and responds appropriately to each party’s communication.

A mediator must be able to show that they understand the issues and goals of each party through sympathetic explorations of their positions, body language, and repeating back what was said. Having impressive experience as an attorney or judge does not necessarily translate into practical mediation ability. Mediation and law are different professional fields with unique training requirements.

Reputation

Mediators must have some subject matter expertise in the type of dispute at issue. For example, some lawyers and their clients want a mediator with experience in employment matters or patent issues. Others, however, believe that subject matter knowledge is optional to the effectiveness of mediation.

A mediator’s reputation may be influenced by how well-known or how many cases the mediator has handled and stylistic differences in the mediator’s approach. For instance, a “heavyweight” mediator with a national or regional reputation may use an evaluative style inappropriate for a few cases.

Another factor to consider is whether the mediator is an attorney. Although the practice of law is not required for mediation, attorney-mediators are often more attuned to situations that require legal opinions and can provide a realistic assessment of what potential outcomes might result in court. Also, attorney-mediators are more likely to understand that their legal judgment is independent of their role in the mediation process.

Flexibility

Ultimately, your mediator’s job is to help the parties move toward resolution. They do this by allowing the parties to communicate effectively, brainstorm ideas, and reality-test possible solutions. Having excellent skills as a mediator is essential, but so is patience, persistence, asking questions and listening to responses, and tact or diplomacy.

It’s also essential to have a good understanding of the law. Although mediation occurs outside the court system, the parties bargaining power is influenced by what the law says. An attorney-mediator is generally highly skilled at providing legal information but cannot give specific legal advice to either party.

Some attorneys and clients prefer mediators with subject matter expertise. For example, employment lawyers and their clients often like to mediate with mediators who have experience with labor issues. Other specializations include patent and trademark disputes, and family law matters. But it’s important to remember that a highly qualified mediator who works well with another couple may not be the right fit for you and your case.