Over the last couple of months I have polled, in a fairly unscientific way, some busy commercial litigators who I know to integrate mediation into their practice rather than simply using it to fight fires in an ad hoc kind of way.
You may be interested in their answers to questions like these;
- Rank the relative significance of these factors when picking a mediator
- Rank the relative significance of these factors when picking a case for mediation
- How often do you use mediation to resolve cases as compared with direct negotiation
- Why would you elect a judicial settlement conference over a private mediation?
- Generally, how do you rate your experience of mediator performance?
- Do you think repeat use of a mediator diminishes impartiality? . If yes, what experiences have you had?
- Have you ever had concerns with mediators failing to observe confidentiality in private sessions - please explain
- What is your best experience with a mediator?
- What is your worst experience with a mediator?
- What are the major drawback in using mediation?
- If there is one issue you would like addressed by the mediation community - what is it?
If you are an attorney who integrates mediation into your dispute resolution practice you may like to take the survey yourself here.