As Tallahassee construction law attorneys, we are well aware of the increasing conflicts owners, contractors, and others in the construction industry experience. These conflicts can take up a large amount of time and resources, but they don’t have to. When professionals desire to save time, money, and energy, we recommend mediation as an effective form of conflict resolution, but the mediator you select is critical. We’d like to go over some of the characteristics you should look for when you selecting a mediator.
The Role of a Mediator
The mediator you select to help you solve your disputes is vital. You must know what a good mediator looks like and understand their role. In short, the mediator’s primary concern is to help you solve your problems and come to a mutually agreeable solution.
Traits of a Great Mediator
1. Are They Objective?
A mediator must know how to help parties solve their problems in an unbiased manner. This includes examining information and listening objectively to properly evaluate everything. This means they know how to keep their composure throughout the mediation process. When tempers rise, the mediator remains calm. Parties do not feel that the mediator is more partial to one side over the other.
2. Are They Credible?
A credible mediator is one that is professional trusted by both parties. They are articulate, can handle complex information, and thoroughly versed and skilled in the craft of mediation.
3. Are They Persistent?
A persistent mediator believes in excellence and will work in the face of difficulties to help parties achieve a resolution.
4. Do They Take Initiative?
A mediator must have the ability to maintain order and to keep the mediation process on schedule. The mediator does not dominate the proceedings, instead, they take the initiative and provide direction at every stage.
5. Can They Adapt?
Mediators have to conduct mediation in various environments and with different personalities, therefore tactfulness and the ability to rise above emotions and disposition of others is vital.
There are times where mediation may not work out for various reasons, ideally, the failure of mediation should never be on the part of the mediator. If you find yourself facing a construction-related dispute, make sure you hire a professional mediator that is reputable and knowledge.
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.