Mediation has become a popular alternative to courtroom litigation in many different types of commercial disputes in Florida. As an attorney, when you and opposing counsel decide that mediation is the best step to take in your case, how do you select a mediator?
Of course, the first step you should take is to ask other attorneys in your professional circles who they would recommend as a commercial mediator in Broward County. Be sure to explain the facts of the case so that your colleagues are fully informed as to the nature of the dispute before they make a recommendation. Ask your colleagues about the mediator’s technique, how he or she handles perceived impasses, and how many cases they have successfully settled with the mediator.
Once you and opposing counsel have decided that mediation is necessary, do not automatically reject mediators that they suggest. After all, if opposing counsel has agreed to mediation, and the goal of mediation is to settle the case, then opposing counsel is suggesting mediators that should be able to help the parties settle the case.
Similarly, it may seem natural to prefer a mediator who, during private practice, has mainly represented clients like yours. However, it may be beneficial to use a mediator who has represented clients similar to the opposing party. This is because the mediator will comment on issues in the case that you and your clients may not have thought of. In the event that mediation results in an impasse, you can use this knowledge as you prepare for trial.
Finally, make sure the mediator is one who has kept up with the latest developments in commercial law and mediation techniques. These mediators will be better able to serve your clients than those who volunteer once a month at a mediation center.
