How is mediation selected?
The mediators on the list may have subject-matter expertise or other experience, consistent with the parties’ needs in the case. FINRA will include a disclosure report for each mediator on its roster. The parties may select their mediator from the initial list FINRA sends or may ask for additional lists.
What are the ethical conduct of a mediator?
1 A Mediator must conduct mediation in keeping with following qualities: diligence, timeliness, safety, presence of the appropriate participants, party participation, procedural fairness, party competency, honesty and mutual respect among all participants.
Can a mediator take sides?
By judiciously gathering information from both parties, the experienced mediator is able to position himself to take a side and be persuasive only after pre-qualifying his ideas with each party, and considering the appropriate timing of the position. As always, timing is everything; even in a mediation.
What questions do mediators ask?
Some of the questions that a mediator ought to ask counsel for the parties during the mediation include the following. What are your/your client’s goals for this mediation? What would help you achieve your goals? What are the obstacles to resolving the dispute?
How do you win at mediation?
Get good results at your mediation by keeping these basic tenets in mind.
- Rule 1: The decision makers must participate.
- Rule 2: The important documents must be physically present.
- Rule 3: Be right, but only to a point.
- Rule 4: Build a deal.
- Rule 5: Treat the other party with respect.
- Rule 6: Be persuasive.
What should you not say in mediation?
Mediator(s) do not:
- make decisions for you and/or the other person about how your dispute will be resolved.
- talk with others without your permission about how the mediation went.
- determine who is “right” or “wrong.” There is no value in trying to persuade the mediator of the “merits of your case.”
What if the mediator is biased?
If you feel that the mediator was biased toward your spouse, you do not have to agree to any of the settlements made in mediation. Mediation is nonbinding, and can only be entered into with the consent of both parties.
