Getting The Most Out Of Mediation: 7 Tips From A Master

Notes from an interview session with JAMS neutral Ken Gibbs

In the construction and engineering field, few mediators have the skill or reputation of Ken Gibbs, who has successfully mediated more than 2,500 cases and is ranked by Chambers USA as "one of the best construction ADR professionals in the United States" and referred to as "the dean of construction dispute mediation." While I was global head of litigation for AECOM, we regularly turned to Ken to mediate our most difficult matters. I recently had the opportunity to talk to him about how parties can achieve the best possible results in mediation. Here are his top seven tips for getting the most out of mediation:

1. Proper prior preparation: The adage "Proper prior preparation prevents poor performance" holds true for mediation as well. To properly prepare, analyze with your counsel your best-case, worst-case and most likely outcomes and what it will cost to get there. Your counsel is your advocate before