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Mediation Exchange
How to Pick a Good Mediator
Personality, Training and Experience

 

A good mediator can make a big difference in resolving a dispute or navigating through a difficult negotiation.   What should you look for when choosing a mediator?  

To start with, select an individual with specific mediation training and certification indicating their commitment to be bound and obligated to follow specific laws regulating the practice of mediation.  These laws were passed to protect and  preserve every participant's rights to exercise their own free will during a mediation and to keep mediation communications confidential.

 

4 Disputes acts as a marketing hub for mediators who are not only certified by their respective state governing bodies but who also follow a similar approach to each mediation they conduct. For example, all mediators marketing through 4disputes are committed to take a very active role to help parties communicate and negotiate effectively.    Our mediators use tools and techniques developed specifically to promote fact finding, creativity, and compromise while preserving and promoting each party's right of self-determination.  Below you can find further details about this style of mediating to determine if its a good fit for your situation.

  •  Ask a Lot of Questions to get to the Root Issues
  • Facilitate Decision Making
  • Explore Multiple Tracks to Keep the Parties Interested and Engaged
  • A Good Negotiator who Promotes Non-Confrontational Negotiations

 

MEDIATION

Ask a lot of Questions


The true underlying interests and motivations of people are usually not readily apparent. What people say is not always what they mean. Its up to the mediator to draw out the most important issues and "get to the bottom" of every dispute. It is important to ask enough questions before you try to formulate the right solution. This is called the 5 Whys Principal. This principal states that only after you the question "Why?" five times, will you likely get to the root cause of a problem.

 Another form of questioning practiced by some mediators is referred to as solution focused mediation therapy.  LEARN  ABOUT SOLUTION FOCUSED QUESTIONING HERE

 

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FACILITATE DECISION MAKING


Two people get together, negotiate and and make a business deal. When a dispute occurs, its no longer just a business deal. Disputes become personal and then often lead to litigation which starts a process that one or both parties may not understand.   A good mediator must help the parties separate, quantify and prioritize all these factors in such a way that they can return to a calmer state to conduct a negotiation to reach a new agreement. 

4Disputes has developed its first in a series of proprietary models designed to help litigants think critically about their case and make informed decisions how and when to resolve it.    Using data provided by the user, the model calculates a series of possible outcomes that could result over time from either settling a particular dispute out of court or going to trial. Its a powerful tool that presents a very simple assessment of some of the most critical variables in any lawsuit ; 1) time, 2) costs and 3) possible recovery amounts.

 

 

EXPLORE TWO TRACKS


People are usually not inclined to negotiate or make concessions in a mediation unless they are provided with a good reason to do so. If they don't have a good reason to negotiate an impasse will likely occur. It is up to the mediator to try to provide each party with one or more such good reasons throughout the course of a mediation conference. Mediators can accomplish this if they follow a dual track mediation strategy. Track 1 - mediators need to uncover, understand and communicate to each side, a reasonable amount of facts to support each of the other party's claims and defenses. Track 2 - mediators must help each of the parties understand and quantify the risk and uncertainty of their desired outcomes. The mediator's challenge in this dual track strategy is to always try to determine and balance how much of each track is required by each party to keep them both at the negotiation table.

 

MEDIATION

 NON-CONFRONTATIONAL NEGOTIATIONS


People often come into a mediation with a lot of bottled up frustration and anger.   Sometimes, a person needs to vent before a meaningful negotiation can commence.  A good mediator recognizes this and will facilitate and control a reasonable process for the parties to vent.   However, venting needs to end before any negotiations start.   Anger and frustration can ignite arguments and confrontation which can undermine the entire mediation process.   A good mediator quickly sets a climate for non-confrontational negotiations.   

 

MEDIATION

Personality - Meet Your Mediator


Approximately 45% of lawyers surveyed indicated that personality was a very important consideration for them to consider when evaluating between mediators to hire for a particular case.   View Survey Results Here.

The internet and Youtube now makes it easier than ever for mediators to present themselves.   You can easily evaluate a mediator's personality by watching their opening statements and talking resumes produced and published on 4disputes.   You can find these videos in our Meet Your Mediator  - playlist.

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