Robert S. Peckar is a founding Partner of Peckar & Abramson, a Fellow of the American College of Construction Lawyers, and has served as General Counsel to the Building Trades Employers Association of New York, Building Contractors Association of New Jersey and the National Construction Financial Management Association. Mr. Peckar is a graduate of Rutgers University and the Columbia School of Law. He is a contributing editor to several construction law textbooks and is the author of New Jersey Construction Law.
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.