Resolving disputes does not necessarily entail legal action or litigation. Many people are coming
to realize that sometimes, mediation is a better alternative in resolving disputes. When this
happens, the next step is to consider which mediator to hire. This decision is crucial to the
case because the efficient and timely resolution of the case largely depends on the mediator's
training and experience. To reap the benefits of mediation, as well as to avoid facing the
downsides of litigation, it is therefore important to hire the right mediator for your case.
1. Excellent Communication Skills
The first quality you should look for in a mediator is excellent communication skills. A mediator
needs to be able to get the parties talking, even when they don't feel like it and neither wants
to budge, like in stalemate situations. Mediation is more likely to fail if it is not focused on
fostering civil communication between parties. A mediator uses his skill and experience to
facilitate dialogue and get the conversation back on tract, if needed.
2. ADR Experience
Another qualification should be experience in alternative dispute resolution. Although general
experience is applicable, a more specialized and industry-focused experience is needed for
disputes that are unique to a certain business or scenario. For example, when dealing with
divorce, it is safe to bet that a professional who has helped many other couples through a divorce
can help you better than someone who hasn't. Success rate, comfort with the topic at hand and
communication skills can also be indicated through the mediator's past experience. While a
mediator's function is mainly to facilitate communication, many parties appreciate the mediator's
neutrality throughout the proceedings and his ability to treat both parties with respect.
Disputing parties may have different views on the case but they all agree on this benefit they
gain from mediation.
3. Patience and Flexibility
Patience is another great quality to look for in a mediator. When parties become too embroiled in
a legal dispute, hitting roadblocks becomes a big yet common issue. Roadblocks come up often
unexpectedly, though they usually occur when an argument arises because one party did not like
what the other is stating. This is where the mediator's communication skills and patience comes
in. He should be able to assist parties in untangling themselves from these challenges and move
forward from an issue. Patience works side by side with flexibility. When a particular tactic or
is not working or if parties are gridlocked on an issue, a mediator should be smart and flexible
enough to try another strategy. The mediation session goes much smoothly when the mediator is
open to trying new ideas.
The speed, cost and fairness of your resolution largely depends on the mediator you choose. Make
sure to select a professional that is suitable to your needs and will be able to provide an
efficient alternative forum for you to work through your issues.
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If you have disputes regarding medical malpractice or personal injury, please contact John S.
Preston to help you determine the best course of action. As an attorney and mediation professional
who has practiced law for over 35 years and dedicated to third party pre-suit mediation in
California, John can serve you as an expert arbitrator and mediator. Call 510-763-9131 or go to
http://www.johnspreston.com for more information.
Posted by a Leesburg Florida Bankruptcy Randy Frier
http://leesburgbankruptcyattorney.net/
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