Wisely Choosing a Mediator: Process Skills, Expertise, and More on Style and Approach
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...