How do I choose a mediator?
There are a lot of good mediators out there. I would recommend trying several and then picking the one(s) with whom you feel the most comfortable based upon your personality, the mediator’s style and your particular case or client.
You should be aware that there are two types of philosophies for mediators: the message takers and the negotiators (with some mediators falling somewhere in between). The message takers do just that, they relay messages between the parties and let the parties assess the message’s importance. The negotiators play “devil’s advocate” with both sides, utilizing the information you provide and their past litigation experience to explore the risks of the case to encourage both sides to compromise.
As a litigator, I chose the negotiator type mediator since I wanted them to use their experience to explore with the other side the benefits of settlement. I did not mind them doing the same with me as they might point out a fact which I had overlooked or needed to reconsider. It never hurts to allow someone to scrutinize your case, particularly in a confidential setting.
As a mediator, I am the negotiator type, bringing over 25 years of litigation experience and 2,400 mediations to bear on the particular case that I am mediating.