Have you ever wondered if a different mediator could have been more effective? Wouldn’t it be great to have a crystal ball to predict how a company mediation process will unfold?
While that crystal ball does exist, the choice of mediator plays a significant role in the outcome of their effectiveness. Building trust and rapport with the parties is crucial.
So, what are some factors to consider when selecting a mediation service?
Personality and approach. It’s important to find a mediator whose personality and style align with the parties involved. This fosters trust and allows the mediator to effectively shift any positional stances. Consider whether a party may respond better to a mediator of specific status, gender, age, or cultural background. Determine if an empathetic or authoritarian approach is more suitable for the situation.
What is their experience and background? Ensuring your mediator is nationally accredited for business mediation is a good starting point, but other considerations are relevant. For some disputes, legal qualifications may be necessary to reality-test positions or gain the trust of parties and their lawyers. Specialised expertise may be valuable in certain areas such as common law claims, building disputes, personal injury claims, or family disputes.
Business mediation management. Effective mediators facilitate discussions and manage the dynamics of the personalities involved. Seek recommendations and feedback from colleagues. Assess if a mediator is recommended by both plaintiffs and defendants. Consider their conduct in prior professional roles, evaluating if they were adaptable and flexible or solely adversarial and positional.
Preparation and tenacity. A Business mediation process can be time-consuming, and a skilled mediator invests effort into building rapport, understanding parties’ concerns, and working with lawyers to facilitate discussions. Look for a mediator who is well-prepared, reads the mediation bundle, suggests pre-mediation conferences, arrives early, and is dedicated to staying until the process is complete.
Finally, look for a mediator who has administrative skills. Mediators should make your job easier as service providers. Assess their responsiveness to inquiries, availability, rates, and whether they assist with organising mediations via video conferencing platforms. Consider their comfort and ability to address technical issues and handle remote signing of business mediation agreements.
Why work with Roger Levitt Mediation Services UK
I believe the personal qualities of a mediator are more important than areas of specialism.
So, I am comfortable mediating most kinds of dispute.
By the time the participants reach mediation the issues have generally crystallised so any experienced and competent person can understand them, regardless of subject-matter. Mediations are not about wants they are about interests and needs.
The sooner the participants stop talking about the issues and start talking about their interests and needs, the sooner a settlement is reached.
I don’t like mediations which don’t settle; they spoil my day, even my week. But I don’t take it personally. I will have given it my best shot and some disputes aren’t ready to settle. Often, when the dust has settled, in the days and weeks ahead a solution is found.
I try my best to secure settlement on the day as that’s why I’m there. At the very least if I can see that settlement is out of reach that day I try and achieve an agreed route to settlement. It’s also important to me that people don’t feel under pressure to settle at all costs on the day, as that can bring an unsatisfactory settlement. So, if we are close to a settlement and there are some points outstanding, it is often best to “sleep on it” and resolve those issues the next day.
Partnership. Guidance. Trust. Respect.
While no mediator can guarantee settlement, choosing a mediator with whom parties trust and develop rapport is too important to leave to chance. If you would like to discuss my skills and approach as a mediator, please contact me at roger@rogerlevittmediation.co.uk.