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Important Considerations in Selecting the Right Mediator

Thursday, 9th February 2018

"One of the fundamental components of a mediation is, of course, the mediator.  Continuing the Manufacturing Industry Advisor’s series on mediation, we discuss how to select the right mediator for resolution of your dispute.  Selecting the right mediator may well mean the difference between a great settlement or facing continued, expensive litigation.

Once mediation is on the horizon, a mediator must be selected so the parties, their counsel, and the mediator can identify a mutually acceptable date, time, and place.  Unless the court orders the parties to use a specific mediator, which happens occasionally, the parties and their counsel negotiate and select a mediator.  Several factors influence which mediator is the right fit for a particular dispute.

Subject Matter Expertise. Does the dispute involve a competitor’s advertisements in claims based on, among others, the Lanham Act or trade dress infringement?  Is the case intensely scientific because of the intellectual property involved?  These are just two examples of subject matter that would be very difficult for a mediator to handle if he or she does not have the right experience.  However, in many cases, no special knowledge is necessary for the mediator to be effective."

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Language: English
Contact: Nicholas E. Williams and Christopher L. Griffin

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