Selecting a mediator is perhaps the most important decision the parties will make when seeking to resolve a dispute through mediation. The right mediator will have a significant impact on the parties’ chances for a successful mediation outcome. While there is no “formula” for selecting a mediator, here are some helpful factors to consider:
Impartiality: Is the mediator a neutral third party, one who is not personally involved in the dispute and has no undisclosed prior relationships with any of the disputants?
Credibility: Can the mediator establish credibility with the parties? For example, will the parties trust in what the mediator has to say, will the mediator remain neutral under all circumstances, and will the mediator deliver an effective mediation process?
Confidentiality and Ethics: What degree of confidentiality will the mediator bring to the process? What ethical standards will he/she follow as a lawyer or other professional?
Level of case difficulty: Does the matter involve two parties and a modest potential settlement amount, or is it a more complex case involving multiple parties and a potentially large settlement amount?
Level of experience: How many mediations has the mediator handled in the past, and at what level of case difficulty?
Training: What formal training can the mediator draw on to communicate with diverse parties, deliver an effective mediation process, overcome obstacles, and find creative solutions? Does he/she participate in continuing education?
Subject matter expertise: Would your mediation benefit from a mediator who has prior experience with the types of facts and/or legal issues that are the subject of your particular dispute, and perhaps, complex industry. For example, a mediator who previously practiced patent law might bring valuable expertise to a patent infringement dispute.
Process skills expertise: For disputes where subject matter expertise is not a priority, would an “outside” mediator who has strong mediation process skills be a better choice because he/she might bring a different and valuable perspective?
Style of mediation: Are you looking for a mediator style that is more facilitative (asking questions, helping the parties understand underlying interests, but not making recommendations), evaluative (predicting what a judge or jury might likely do, and making informal or formal recommendations accordingly), or transformative (empowering the parties to recognize points of view and transform their relationship during the mediation)?
Your client’s needs: What type of mediator will your client respond to best, for example, the authoritative figure of a retired judge, the case experience of a former litigator, or the deal making mindset of a business professional?
The other party’s needs: What type of mediator will the other attorney or other clients respond to best, for example, the authoritative figure of a retired judge, the case experience of a former litigator, or the deal making mindset of a business professional?
Your own needs: What type of mediator would be the best fit for you, for example, a stronger or softer personality, or someone more creative or analytical?
Recommendations: What is the experience of colleagues and others who have worked with the mediator on other matters? Do they recommend the mediator?
Timing of the mediation: Can the mediator navigate issues that may arise from the timing of the mediation, for example, if it’s early (e.g., before discovery) or later in the litigation process (e.g., just before trial)?
Stamina: Some cases lend themselves more easily to resolution than others. How willing is the mediator to forge ahead and keep the parties involved until a resolution can be found?
Fees and Availability: What are the mediator’s fees? Will the mediator be available at a suitable time and location?
Yes. As a subscriber, you can open as many mediator selection cases as you like. You’ll be able to track all of your cases in your personal account dashboard.
Our goal is to make your search experience as robust as possible. You can search by city, state, zip code, practice area, name, and/or membership with a panel or association (for example, JAMS or the American Arbitration Association).
Search our directory and add suggested mediators to the case opened in your personal account dashboard. Then, with a click you’ll be able to send a secure case link to the other party’s email inbox. You will receive an email confirmation that the link has been sent.
Once the other party accesses your secure case link, with just a few clicks they’ll be able to review your suggestions, accept or pass on your suggestions, and/or visit our directory and make suggestions of their own.
You will receive an email notification that the case has been updated.
No. The exchange of suggested mediators can go as long as needed for the parties to make a selection.
Yes. Upon final selection of a mediator by the parties, the mediator will receive an automated email notification with case and party information.
Yes. The history of each case is maintained in your personal account dashboard for future reference.
All subscribers may, at any time, offer a recommendation or testimonial by visiting a mediator’s profile page and clicking on the Recommend feature. When the Recommend feature is clicked, the number of recommendations on the mediator’s profile page will increase by one, and you will automatically be prompted with the option to write a testimonial. If you selected a mediator for a case, you can also access the Recommend feature next to the case name on your Cases page.
Not yet. The messaging platform works for two party cases at this time. But stay tuned, because we’re working on features for multi-party cases.
Yes. MediatorSelect uses the latest encryption and security standards. Your information is saved securely in encrypted format, similar to online banking.
Yes. We want you to experience what MediatorSelect can do for you. Your first case is absolutely free (and no credit card information is required). After your first case, we invite you to keep enjoying the benefits with our affordable annual subscription plan.
Yes. You may cancel your annual subscription at any time. If you're unsatisfied for any reason and cancel within the first ten days of service, we’ll send you a full refund. Cancellations after ten days are not eligible for a refund.