Agreement from the Beginning
Selection of the Mediator
One of the central tenants of mediation is agreement by all parties involved. Did you know that this also includes the selection of the mediator? Yes, if parties are to successfully mediate, they must all agree to use the suggested mediator. Most attorneys have a list of preferred mediators that they believe to be good mediators based on their experience with them. Other attorneys may seek referrals for mediators from other colleagues in their practice field. If you're in need of a mediator, ask your attorney and trust them to suggest a great mediator for your case. If you don't have an attorney, ask friends and business associates who they might know.
Sometimes, both sides may present a mediator that neither side can agree on. When this happens, a little creativity must be used. Some may try to contact a mutual attorney that they both know and trust and ask them to select a mediator. Others may contact the suggested mediators and ask each of them to select one mediator. The attorneys may then select from the two mediators suggested. Whatever method is used, an agreement should be the goal. The key is to select someone with plenty of mediation experience and expertise.