The Effective Mediator

Abstract

Mediation is becoming the premier method of resolving disputes within the construction industry. The linchpin to the mediation process is the mediator. An effective mediator may make the difference between mediation success or failure. Yet, considering the importance of an effective mediator, there is a dearth of information as to the attributes of one and how to recognize and retain one. Considering the importance of mediation in the arbitration process as well as the trend toward court ordered mediation, it behooves industry members to understand the attributes of an effective mediator. This paper will discuss the skills an effective mediator needs to assist the parties in moving forward, crafting a sustainable settlement as well as leave the disputing parties and their counsel satisfied with the process and result. It will alert readers what to look for when engaging a mediator’s service and what questions need to be asked in the quest for the effective mediator to assist in the resolution of disputes.