The Red Velvet Lawyer

I want to continue my discussion of how best to choose a mediator.  I started the discussion here .  This posting will focus on a few more factors to consider.   Mediator's Process Skills and Expertise  Mediation skills do not come naturally to any of us.  Some people call mediation an art.  Some people call it a craft.  Mediators acquire their skills through hard work and hands-on experience.  Good mediators spend their spare time reading books about interest-based negotiation, mediation and conflict resolution.  We do pro bono work to gain additional experience early in our mediation careers when no one will hire us.  So don’t be afraid to ask how many mediations the mediator has done and the nature of the disputes she has mediated.  You might even ask about her settlement rate.  But you should “avoid at any cost [a mediator] whose only goal is to achieve an agreement.” And “[b]e wary of a mediator who overstate...

Several years ago, the University of Missouri-Colum bia School of Law held its annual training for new mediators.   I served as a role-play coach and evaluator.  Those of us who have been through that training call it the “baby” mediation training.  Its principle purpose, in my mind, is to show the participants how little they know, even after they complete the training, and the significant challenges a mediator faces.  Mediation is not for sissies. After three days of training, many of this year’s participants began to realize that mediation is hard work.   Several trainees realized that good mediation requires rough and tough litigators to move out of their comfort zones.   Good mediation requires a different set of skills from those used regularly by trial lawyers. Missouri Supreme Court Rule 17 requires new mediators to have at least sixteen hours of “appropriate” training.   These requirements are quite modest.   Virgin...