Negotiating Globally by Jeanne M. Brett

Author:Jeanne M. Brett
Language: eng
Format: epub
Publisher: Wiley
Published: 2014-02-10T16:00:00+00:00

Selecting a Mediator

It is wise to have a contract clause calling for mediation and indicating the source of potential mediators. This minimizes disputes over how to select a mediator once one is needed. It is as easy to find services on the web that will provide lists of mediators as it is to find lists of arbitrators. What is more difficult is to know how to pick one that has the skills to develop empathic relationships with all parties to the dispute. Exhibit 4.7 suggests some questions to ask.

Exhibit 4.7. Some Questions to Ask Others When Selecting a Mediator.

Was the mediator a good listener?

Did the mediator treat your side fairly?

Did the mediator treat the other side fairly?

Did the mediator come to understand your side's interests?

Did the mediator help you to better understand the other side's interests?

Did the mediator involve both sides in generating options for agreement?

Did the mediator provide an interpretation of the law or contract relevant to the case? Was that interpretation requested by the parties? Did it help the resolution of the case?

Was the mediator able to put the appropriate amount of pressure on the disputants to settle?

Did the case settle?

Would you use the same mediator again? Why or why not?

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