I am an old guy…a trial lawyer since 1981 and mediator since 1992. Given that experience, almost every week, a colleague will ask me the following question: “Opposing counsel has proposed Ms. X, Mr. Y and Ms. Z as mediators in a case. Do you know them or have someone to recommend?” In answering such questions for yourself, what traits should you value to ensure that your client benefits from the process? I suggest “the three E’s”—effort, efficiency and empathy. I try to bring these qualities to every mediation I conduct. Consider the handy information provided below.
Top Traits of A Mediator
Effort
I often hear lawyers complain that a mediator was content to terminate or impasse a mediation conference without much effort. Even historically well-regarded mediators sometimes develop reputations for becoming “stale,” happy to “punch out” at 5 p.m. without a settlement. You will want someone who will work hard to facilitate a consideration of all issues.
Empathy
This is the most important trait. Successful mediators are skillful in recognizing, understanding and communicating (within the bounds of the confidentiality rules) the experiences of the parties that impact negotiations. Simply put, they have the ability to place themselves “in the shoes of” the parties. Assisting the parties in understanding “where (the other side) is coming from” goes a long way to moving the process to resolution.
Efficiency
Look for a mediator who skillfully keeps the process moving, who allows everyone to be heard, but doesn’t unnecessarily get bogged down in one caucus room or another. This skill is important to maintain momentum toward a resolution.
