How to Choose a Mediator

How do you choose a mediator for your mediation? Take a look at the slides below, or scroll down to read tips from MSNY mediator, Lauren Wachtler on choosing the right mediator for your case.

Benefits of Alternative Dispute Resolution (ADR)

Why choose mediation in the first place?

There are many benefits to mediation, including:

• There are currently too many cases in the courts, and not enough judges to handle them.
• Litigation takes time and can be expensive
• Clients want their cases resolved in the most efficient and cost-effective manner
• The courts have increasingly recommended ADR to resolve disputes
• Many contracts require the parties to pursue ADR before litigation, and some require ADR instead of litigation
• Many courts require mediation or mandatory settlement conferences – why not choose to conduct them with a mediator of your choosing?

How to Choose a Mediator

1. Do your research. Collect experiential data on your mediator from places like:
   • Lexis
   • Case history
   • Clients
   • Colleagues
2. Keep in mind:
   • Being a good or bad judge doesn’t equate to being a good or bad mediator
   • Some judges find it hard to be neutral and not “adjudicate”
   • The same is true for practitioners who can revert to being an advocate based on their experience
   • This is where your research comes in handy!
3. Some things to consider:
   • Consider diverse mediators
   • Subject matter experience is not necessarily required
   • Does the mediator’s experience reflect an ability to be creative and problem-solve?
4. Costs
   • How much will it cost?
   • What is the mediator’s hourly rate?
   • Who is paying?
   • Will the costs be split among the parties, or does each side pay the hourly rate?