There is no magical formula that can help you predict professionalism and competence, which is why you need to do some groundwork to understand the potential of a Mediator that specializes in resolving conflicts between two or many parties. For example, a typical business dispute mediation service involves a neutral third-party mediator who has experience handling all types of disputes efficiently, and two or more parties each represented by their own neutral. While we do and we can help disputants prior to the respective engagements of their own neutrals, which will be the most time and cost-effective manner.
However, such is our litigious society, most of our clients are litigants, which means their dispute has already been filed in court. Even after the filing of a complaint, mediation is far more time and cost-effective than litigation. Plus, you get to control the outcome. Controlling the outcome is one of the biggest reasons mediation is far superior to litigation; where your fate is decided by one judge or 12 people you don’t know.
The cost of mediation is comparatively lower than what you’d expect to pay your neutral to take your case to trial. Even when it feels like there’s no way the parties will reach a satisfying agreement, our neutrals can find a way to creatively bridge the gap.
So, how do you find the right mediator? Let’s check out a few steps for choosing the best mediation neutrals.
Get a List of Names
First things first, you should get a list of the best Neutrals in Orange County, CA. Get referrals from a friend or a family member who has used the mediation neutrals or research the top names in the industry.
Compile a list of the top 10 Neutrals that specialize in business dispute management. A simple Google search will give you a detailed list of the neutrals in Orange County that have experience, knowledge, and skills in the particular industry.
Check their Experience
The job of a mediator is not a cakewalk. It’s something that requires years of experience, hard work, and passion. After all, resolving an issue in such a way that both parties are satisfied with the proposal is not an easy task. You may want your mediator to provide you with as many options as possible so that it’s easier to resolve the dispute with your customers or investors without having to drag it to court.
Educational Background
A mediator needs much more than the basic knowledge of the business dispute resolution industry. They need a deep understanding of the relevant business industry, circumstances, legal knowledge, court awards, and other case-specific needs.
You don’t want to spend money on any local candidate who claims to be neutral. The educational credentials work as proof of their knowledge and expertise. It tells you more about the neutral’s knowledge and whether they have the minimum qualifications to offer mediation services in the particular industry.
Get a Quote
You might be in a hurry to get your issues resolved as soon as possible, but don’t settle for neutral who charges more than the standard rates. Get a quote from different neutrals in your area and narrow down your list to the top 3-5 neutrals that charge the lowest price. Remember that just because they are charging low doesn’t mean they make the best fit for your case. Additional research is important to decide whether or not the neutral has experience in handling similar cases.
Interview the Mediators
Mediators should be willing to talk to you before they are hired; however, you should expect the mediator to want to speak with both parties at the same time to avoid the appearance of impartiality.
Hire a Mediator Who Follows a Problem-Solving Approach
You need to work with a mediator who focuses on a problem-solving approach, rather than a browbeating approach.
Ask how the mediator resolves conflicts, what approach they follow, and what role they play in settling the dispute. Remember that it’s the mediator who’s supposed to present a proposal that works for both parties.
They must be able to understand the issue and suggest a proposal that works for businesses. A professional and creative mediator that knows how to come up with multiple solutions and the best negotiation deal. It’s okay if you ask multiple questions during the interview to assess the mediator’s knowledge, skills, and professionalism. You should take some time to understand the neutral’s specialty before making any decision.
Confidentiality
One of the most critical aspects of any mediation service is confidentiality. The reason why people choose a mediation service is to resolve disputes without getting bad publicity. For any reputable company, taking the case to court means putting your company’s reputation at stake.
That’s why people look for a neutral third party who can resolve the dispute with their knowledge and skills. The case should not be leaked to the public. That’s the main goal. The mediator will sign some confidentiality documents as a guarantee that whatever conversation happens between you two will remain 100% confidential. Ask whether the mediator has to report the conclusion to the court after the case is resolved.
Bottom Line
Always conduct thorough research to understand the potential and knowledge of the mediating team before hiring them. Whether you need shareholder disputes mediation or a business dispute resolution service, check the qualifications and experience of the mediator before making any decision. Hope this post helped you find the best mediator neutral for your dispute. Good Luck!
