The Red Velvet Lawyer

Hal Abramson, the author of   Mediation Representation: Advocating in a Problem-Solving Process , suggests that the following types of disputes or circumstances make mediation less desirable: ·         The party needs to establish binding precedent; ·         The party needs to deter future claims by establishing a “hard-ball litigation – no settlement reputation” (aka the Walmart strategy); ·         The party seeks validation or vindication by a person in authority who declares that the client was blameless, but the other party was a low-down, dirty SOB; ·         The party wants or needs to go for a litigated “jackpot” damage award, no matter the statistical chance of winning that award; ·         The parties are embroiled in a value-based conflict on which they see no room for compromise; ·         The party will not be effectively represented in mediation, either because he or she is unrepresented or represented by inexperienced or unskillful couns

I've been discussing the "what" of mediation.  What kind of disputes are ripe for the process?  In my last posting found  here , I identified some very interesting disputes that a court or the parties have sent to mediation.               Hal Abramson, the author of Mediation Representation: Advocating in a Problem-Solving Process , suggests that certain types of disputes are especially amenable to mediation: ·         When the parties have conflicting views of the facts or law; ·         When a party needs to express strong emotions; ·         When a party craves the opportunity to be heard directly by the opposing party; ·         When clients or their lawyers can no longer effectively communicate with each other without the assistance of a skillful mediator; ·         When the parties are not skillful negotiators and need the process structure and negotiation expertise provided by a mediator; or ·         When a conflict exists between a

I want to continue my discussion of how best to choose a mediator.  I started the discussion here .  This posting will focus on a few more factors to consider.   Mediator's Process Skills and Expertise  Mediation skills do not come naturally to any of us.  Some people call mediation an art.  Some people call it a craft.  Mediators acquire their skills through hard work and hands-on experience.  Good mediators spend their spare time reading books about interest-based negotiation, mediation and conflict resolution.  We do pro bono work to gain additional experience early in our mediation careers when no one will hire us.  So don’t be afraid to ask how many mediations the mediator has done and the nature of the disputes she has mediated.  You might even ask about her settlement rate.  But you should “avoid at any cost [a mediator] whose only goal is to achieve an agreement.” And “[b]e wary of a mediator who overstates the advantages of mediation.”             Mediato