Originally from:

AAA Handbook on Mediation - Third Edition

GOOD AND BAD MEDIATORS — FROM PERSONAL EXPERIENCE — FIND ME A GOOD MEDIATOR, PLEASE!

Robert S. Peckar

I. Introduction
When a commercial dispute is settled in mediation, the parties usually extol the virtues of the process. When a settlement is not achieved, they may criticize the process, seeing it as a strategic mistake in the quest for a non-litigated resolution. There are, of course, many factors that may affect the success or failure of a mediation. These include:
• whether the parties have good faith intentions about reaching a compromise and ultimate settlement;
• whether the attorneys are dedicated to a peaceful resolution of their client’s disputes;
• whether the appropriate party representatives attend the mediation, are dedicated to the task at hand and have the necessary authority to resolve the dispute;
• whether the attorneys properly prepare their clients for the process; and
• whether there is a clear understanding as to the confidentiality of the proceedings so that the parties are willing to talk freely with the mediator.