It’s the litigator’s worst mediation nightmare. As you leave the mediator’s office, your client says, “That mediator is a real jerk. Why did you ever pick him?” The unspoken part of the conversation, though, is even worse. That’s because you fear your client is thinking, “You picked that lousy mediator. Why did I ever pick you?”
To your client, your choice of a mediator reflects on you every bit as much as your choice of experts, jury consultants or other professionals. So you’d better pick right. But how? Conventional wisdom holds that you ought to ask prospective mediators about their personalities and past professional work. But painful experiences show that this hardly distinguishes competence as a mediator.
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