Mediation is a pivotal point in your clients’ cases, no matter what type of disputes there may be. Since the goal of mediation is settlement, your clients are presented with the opportunity to participate in determining how their cases are to be resolved, a luxury that trial courts cannot afford them. In Florida, the ability of the disputes mediator selected to conduct the mediation will often make the difference between settling the case and declaring an impasse. There are a multitude of disputes mediators in Florida, but keeping a few points in mind will help you narrow your selection and increase the likelihood of settlement.
The best mediators have a variety of skills that extend beyond communication and negotiation. Think about the facts of the case. For example, is it a business dispute? Does it involve complicated contract principles? In your search, consider disputes mediators who not only mediate cases as a major part of their daily practice, but that also have experience in the specific type of dispute that needs to be handled.
Similarly, ask the prospective mediators what percentage of cases they have successfully mediated. The higher the percentage, the more likely that your client’s case will be settled as well.
If, in a mediator’s previous practice, he or she primarily practiced for the opposing side (for example, the mediator represented mainly defendants and you are representing a plaintiff), do not immediately strike this mediator from your list. In fact, such mediators often provide insight into your client’s case and legal theories that may make settlement more likely. These disputes mediators will be able to anticipate what arguments opposing counsel will make and how such scenarios would play out in a Florida courtroom.
Consider any additional experience or qualifications mediators in your area have. Such mediators are often skilled in their ability to offer creative solutions to your client’s case.
