Mediation is an optional process that includes all of the parties involved in a construction dispute decide to work with an impartial mediator who assists them in figuring out ways to resolve the conflict. A skilled mediator will find a resolution to the problem which best fits the needs of both parties, however the mediator does not decide who is right and who is wrong. As your construction attorneys in Orlando, we know what traits make up a skilled mediator, and have compiled the following list.
A mediator must be able to provide a clear and professional performance as well as an accurate assessment of their capabilities. A mediator should be able to clearly articulate complex situations and concepts to maintain credibility. He or she must present themselves in a believable and consistent manner.
An experienced mediator should maintain an objective and dispassionate attitude and must be completely objective in evaluating the information obtained. A mediator must also be able to vary his or her questioning and approach techniques effectively, and must have exceptional self-control to avoid displays of genuine anger, irritation, sympathy, or weariness.
It is crucial for a mediator to adapt to the many and varied personalities which they will encounter. A mediator is required to adapt to all types of locations, operational tempos, and operational environments. By being adaptable, a mediator can smoothly shift any questioning and approach techniques according to the operational environment and the personality of the party.
Perseverance can be the difference between a mediator who is average and one who is excellent. A mediator who is easily discouraged by opposition, noncooperation, or other difficulties will not be able to aggressively pursue a successful conclusion with both parties reaching a mutual resolution.
When dealing with construction disputes, it is highly recommended to seek the guidance and skill set of an experienced construction lawyer in Orlando. At Cotney Construction Law, we have over 15 years of experience working in construction law, and understand the importance of a solid and trustworthy relationship with all of our clients.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.