The Qualities Mediators Think Attorneys are Seeking

Dear Readers,

I haven’t received nearly enough attorney and/or disputant responses to the Mediation Negotiation Survey, but I can share with you some preliminary thoughts, primarily of mediators, about the qualities they think you’re looking for.

Patience, by the way, is in the lead as the most-cited essential mediator quality.

Are they right?  Take the Negotiation and Mediation Justice Survey to let them know now!

In Answer to What Qualities a Good Mediator Should Have, individual responses include:

1. Neither be naive nor cynical.
2. Will re-focus us on what is important
3. Skills to enhance communication between and with the parties and their counsels.
4. intelligence
5. knowledge of the law and the court system
6. experience in the area in dispute and experience as a mediator in that area
7. Will not intimidate the parties
8. Will NOT NOT NOT NOT talk to one party before the other party arrives if the mediation is to be conducted with both parties present.
9. The understanding that the “truth” or whether someone is lying is unknowable in some or many instances.
10. ability to listen
11. patience
12. patience
13. integrity
14. teachable
15. open-minded
16. patience
17. ability to manage the process
18. Resilience.
19. Accessibility.
20. Will listen for what isn’t said and will be a good coach.
21. trustworthy
22. Patience.
23. Intelligence.
24. A calm manner which encourages an appropriate hearing atmosphere.
25. Will make sure both parties understand the cost (time, money and other) of not settling.
26. sense of humor
27. perspective
28. sense of the bigger picture in the workplace/business in /about which the dispute occurred
29. ability to tease out any unspoken back- story between the parties and any goals additional to the outcome of the mediation for the parties
30. ability not to impart a sense that he/she is rushing for a plane
31. communicate that he/she is totally engaged even after the mediation ends, if called for.
32. Flexibility.
33. empathy
34. great facilitator
35. fair, fair and fair
36. sense of appropriate humor
37. act professional not personal
38. move along the process and keep control of the process
39. ability to deal with difficult personalities
40. Is able to facilitate the discussion and feed back what he/she is hearing from both parties

                       

Victoria Pynchon

Attorney-mediator Victoria Pynchon is a panelist with ADR Services, Inc. Ms. Pynchon was awarded her LL.M Degree in Dispute Resolution from the Straus Institute in May of 2006, after 25 years of complex commercial litigation practice, with sub-specialties in intellectual property, securities fraud, antitrust, insurance coverage, consumer class actions and all… MORE >