In order to set the stage for a successful mediation, it is
crucial to select the right mediator. Not every mediator is
the right fit for every kind of mediation. There are a lot of
variables that go into setting the tone for a successful mediation,
but one of the most important variables is the mediator.
When selecting a mediator, one must consider a variety of
factors: the nature of the dispute, the personalities at the table
(both lawyers and clients), and the timetable within which the
dispute must be addressed. Further, and more
importantly, just because someone calls themselves a
mediator, or appears on a mediation panel, does not always mean
that he/she is qualified to serve in that capacity.
Unfortunately, some panels do not require mediators to have
undertaken classes or instruction prior to being included on
a list. Further, people can be too quick to try to select someone
they know or have used before without truly considering the
importance of