Mediation is a generally flexible process, and anything discussed remains confidential, so its popularity as a commercial dispute resolution method is unsurprising. Its success leans on the involved parties’ willingness to cooperate and the mediator who oversees the process. If you want an effective mediator, here are qualities worth looking for.
Mediation’s objective is usually to arrive at a resolution that all parties are amicable to. This goal often becomes challenging when the mediator favors one party over the others.
Subject matter knowledge
Mediators may come from all walks of life, but it is generally helpful to choose one knowledgeable of your dispute’s subject matter. For example, you might want a mediator who knows business and business law to help resolve a commercial dispute.
It usually helps to choose a mediator with previous experience handling conflicts similar to yours. They might better understand the involved parties’ needs and goals, and they will likely know how to navigate difficulties and complexities that may arise.
Mediation is generally unlike litigation, where the court requires involved parties to attend hearings at specified dates. Instead, the parties usually agree on when to meet. It is easier to schedule consistent meetings when the mediator is from an area close to all the parties in the conflict.
Mediation may not be as rigid as litigation, but it does not mean you will not likely need a lawyer. An attorney can guide you through the process and help you negotiate. This way, you can effectively fight for your rights and avoid unfair outcomes.