How NOT to choose a mediator

Mediators, like every other professional in the world, needs sufficient business to survive. That is a given. In order to get business, mediators need to "market" themselves, whatever that word means, and however shape that marketing takes.

You may come across mediators who tell you 7, 9 or 13 reasons why you should choose them. Some (or even many) of these reasons may well be legitimate. BUT you ought to be careful in choosing any mediator who casts a negative aspersion on any other mediator, or who brags about his mediation prowess and success.

Think about it. Mediation is a collaborative, non-adversarial process. The mediator listens, understands, reframes, generates options, and by and large assumes a lower profile in order that parties to the dispute may ventilate their positions, and hopefully come to some form of agreement. There is something inherently contradictory to a bragging mediator. A mediator, by the very nature of his work, does not brag. A mediator does not hog the limelight. A mediator is not in charge of the settlement- the disputing parties are.

So the next time you meet a mediator who claims to have succeeded where other mediators have failed, be careful. If his underwear is not worn on the outside, he is unlikely to be Superman.

__________________________

2008 marks our 10th year in practice. Thank you for your support.

If you have any questions or comments, drop me an email at khenghoe@mycounsel.com.my.