In selecting a mediator, I don’t pay too much attention to whether the mediator was (or is) a plaintiffs’ lawyer, a defense lawyer, or a judge. Instead, I focus on the mediator’s results: does he or she have the reputation as someone who can get cases settled?
Using this criterion, I also don’t care if I end up using a mediator who was first suggested by my opponent. It’s one of the beauties of mediation: Unlike an arbitrator, the mediator cannot bind you or your client. Therefore, you don’t have to worry that he or she might harbor a secret bias that will sink your case. If it turns out that the mediator is favoring the other side, you can say no during the mediation and walk away.
Bottom line: Don’t obsess over the mediator’s past work history. Ask other lawyers how effective the mediator was at getting the parties to agree, and leave it at that.
I recently attended an ISBA program on Mediation where Kimberly Atz, Court-Annexed Mediation Supervisor in the Circuit Court of Cook County, spoke about mediation statistics in Cook. She requested that everyone fill in the paperwork evaluating their mediator after a session so that we get a better idea of the success rate of the different mediators over a long time period. Apparently there is a binder somewhere in the building where attys can look up the success rates of mediators as compiled by the court. (Her number is (312) 793-0125 if anyone has the time to check where this binder is precisely.)
And since amended Rule 20 of CCCC (in effect April 2004) allows any contested civil case pending in the Law Division to go to mediation at the request of the judge or either party, I have a feeling mediation's popularity is only going to grow.
Posted by: ChitownInsCov | December 07, 2004 at 06:48 PM