Pre Mediation Planning
Orchestrate success for your Mediation Client with your Mediator selection. Here's how...
Mediator Selection & Preparation - The Key To Dispute Resolution
I. Mediator Selection
There are mediators who are “facilitators” and there are “messengers” – both types have utility in the right context. But, you have to decide which type your case needs to effectively conduct your Mediation to a resolution. Your selection can make the mediation meaningful or ineffective.
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The Qualities Your Mediator Should Have:
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Interpersonal listening skills
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Interpersonal communicating skills
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Strong negotiating skills
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Perceptive mental skills
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Flexibility of thinking
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Attention to detail
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Preparation & willingness to fully engage
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Experience in the dispute’s subject matter
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Patience
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Creative problem solving skills
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Comprehension of the dynamics of human behavior
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Common sense & a sense of humor
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Humility
A bridge has no allegiance to either side.
L. Coleman
II. Preparation
Use an analytical format and think thorough your case and game plan by:
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a. Comprehensive Case Analysis
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Review of witnesses
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Case strengths & weaknesses
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Strengths of facts & legal principles
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Client's community status
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Client's financial resources
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b. Comprehensive Case Analysis of the Opposition
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Strengths & weaknesses – factual and legal
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Quality, knowledge, and/or advocacy skill of adversary counsel
