When Selecting A Commercial Mediator, Value Breadth Of Experience Over Depth

Parties to a commercial dispute are generally inclined to select a specialist mediator with expert knowledge in the field of business where the parties operate. However, there's much more to a commercial dispute than precise legal issues. Mediators with an "expertly" narrow focus are generally looking neither beyond nor beneath the problem.

A broad-based background in many areas—including varied experiences with human dynamics—positions a mediator to recognize the real "heart" of the matter and increase the possibility of settlement. For example, a mediator with a background in construction law disputes and family and estates disputes is able to see more deeply into business or legal disputes. It is often the case that the root of the apparently intractable dispute is often only tangentially related to the business.