Mediator Red Flags: How to Avoid Choosing the Wrong Neutral

Summary

This practice note discusses how to avoid choosing the wrong mediator for your case, and covers topics such as what specifically to look out for when considering potential mediators. At large firms, it is a common occurrence for a partner to send out an email asking for recommendations for neutrals or to ask about other attorney's experience with a potential mediator. Some neutrals are so well-established in given markets to be a known quantity. And some attorneys have done enough settlement conferences or mediations to have met just about everyone there is to know.