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What to Look For in a Skilled Mediator

Feb272012
Bruce's CornerMediation

Choosing the right mediator does not have to be a stressful choice.  There are certain qualities and characteristics that, during my years of practice, I’ve learned make a mediator great.  To that point, before I was a mediator, I was a litigator for 37 years and a consumer of mediation services.  As a litigator, what I looked for in a mediator are the same qualities that I now aspire to offer.

Personally, substantive knowledge of the area of law involved in the case I am mediating and a good track record of obtaining settlements are at the top of my list.  Next, I want the mediator to be prepared.  To me, being prepared means that mediator has personally read the mediation briefs and any other pleadings and documents that the lawyers have provided and is ready to discuss the case.  In my opinion, it is not too much to ask that the mediator has read any case law that the parties have identified as significant to the case.

I look for a mediator who my client will respect and who has the personality to bond and empathize with my client.  My ideal mediator is always optimistic about the ability to settle the case throughout the highs and lows of the mediation process. I also want an active and energetic mediator who will facilitate a discussion about the case and provide feedback on the issues. In California and throughout the country, mediation is an opportunity for discussion.

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When it comes to negotiation, I look for a mediator that I can consult with on the options available to my client in terms of a specific dollar amount of an offer or counter offer, a settlement range, bracket, or other method to move the mediation forward to settlement.   Lastly, I look for a mediator who has the patience for the process.  Too often, I have encountered mediators who are in a hurry to push the parties faster than the natural flow of the negotiation and want to make a mediator’s proposal before it is time to even consider that tactic for resolving the case.

Bruce A. Friedman is a mediator with a national practice. With years of litigation experience behind him, he understands the goals of the mediation process and will do his best to ensure that the needs of both parties are met, justly and efficiently.  For more information on the mediation services that Bruce A. Friedman provides, check out his website at http://www.FriedmanMediation.com or call him at (310) 201-0010.

Category: Bruce's Corner, MediationBy bfriedmanFebruary 27, 2012
Tags: californiamediationmediatorsouthern california

Author: bfriedman

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Testimonials
  • [Bruce] knows when to talk, when to listen, and how to work the room.”

    James Thompson
    JPT Legal
  • Bruce took time to point out parts of each side’s case that could be made stronger and parts that could be deemphasized or omitted. Bottom line: the client came out of the exercise with a more focused case and better able to advance its positions. Bruce was superb.

    Ellis Mirsky
    The Network of Trial Lawyers
  • Bruce was prepared and understood the issues and the practical aspects of the cases. I really appreciated Bruce’s efforts in continuing to work with me and opposing counsel and his perseverance in settling the case.

    Frederick S. Reisz
    Meyers McConnell
  • I have known Bruce for years and highly recommend him. As a native New Yorker, he will be hearing significant matters in NYC as well as in L.A.

    Jeffrey Kravtiz
    Fox Rothschild
  • Bruce’s willingness to continue to follow up with both sides to settle the matter and his efforts in speaking directly with the clients to explain the issues and possible outcomes should the case proceed to trial were invaluable.

    P. Garrell
    Liner Law Firm
  • From the outset of the mediation, it was clear that Bruce understood the case and structure of a class action settlement. He was effective in his discussion of the issues in the case and made many helpful and constructive suggestions with respect to the negotiating process and the settlement terms.

    Tim Blood
    Blood, Hurst & O'Reardon LLP
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