The mediator is the single largest variable in whether a mediation succeeds, and the selection deserves more attention than it usually gets.
Facilitative or evaluative. A facilitative mediator helps the parties reach their own solution; an evaluative one offers views on the merits. Commercial cases with entrenched positions frequently need an evaluative mediator who will tell each side what is wrong with its case.
Subject matter knowledge. Sufficient to understand the dispute quickly and to be credible when evaluating. In technical disputes this is decisive; in straightforward commercial cases, mediation skill matters more.
Persistence. The willingness to keep working after the parties have declared impasse, to make a mediator’s proposal, and to follow up in the days afterwards — which resolves a meaningful share of cases that adjourn without agreement.
Credibility with the other side. A mediator your opponent respects is worth more than one you prefer.
Availability. Enough time booked, and the willingness to continue past the scheduled hours.
Process. Whether they hold pre-session calls with each side separately — which materially improves preparation — and whether submissions are exchanged.
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