Mediation can be an effective alternative to litigation in Texas, especially if the mediation team has the right skills for the situation. Alternative dispute resolution, arbitration and mediation provide a number of benefits to clients since it is often less expensive, quicker and less contentious.
The experience, temperament and skill set of the lead mediator can play a large role in the success of the process.
Desirable traits for a mediator
The American Bar Association identifies some of the qualities of a strong mediator. A strong passion or personal sense of commitment to work as a mediator is one of the initial recommendations. A second set of skills is expertise in a certain subject area, such as business law, and training or experience in the practice of mediation. The code of ethics for mediators calls for interested parties to take a course on mediation training, whether the person has vast experience in the legal profession or not. Honesty and commitment to the learning process are also critical. A good mediator grows and develops throughout his or her career and works to sharpen skills and learn more about the process.
Positive awareness of the role a mediator plays
The American Bar Association also stresses a mediator should act as a problem-solver and not as a gladiator. It is important to coach the client and to give him or her the tools needed to reach a resolution. Helping the client prepare for the hearing and allowing the client to participate is beneficial. The primary actions of the mediator should focus on the need to solve a problem, putting personal judgement aside. Surveys show that mediation works well for both men and women in divorce cases.
