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Testimonials

"Ken is an amazing mediator who has a wealth of experience and knowledge. You will quickly realize that he is working for YOU, and will do so vigorously until all options are explored." - Michelle C.

"Mediation is not supposed to be this fun! Ken has a way of making this process as smooth as it can be. He allowed us to look at the big picture and put our dispute in perspective." - Jay P.

"Ken is like a 'Mediation Chameleon,' he can be tough, or he can be your best friend. He has an uncanny way to determine which approach is best to resolve a situation." - Simon S.

4 Important Factors to Consider when Choosing an ADR Provider

Neutrality

While mediators don't make binding decisions on the parties, neutrality is still a huge factor in choosing a mediator, because a mediator's bias, whether intentional or subconscious, can make it difficult for one party to heard effectively. Since the mediator is supposed to act as a "messenger" at times, your message can get lost when the "messenger" is someone whose expertise is traditionally representing somebody like the person on the opposite side of your dispute. While many mediators are able to stay neutral despite their background, you have better odds of a successful mediation if you choose a mediator with a background that does not favor either side.

Experience

The more experience a neutral has mediating cases, the better. Many individuals feel, because they have a specialty in an area, that they would make a good mediator. However, a good mediator not only has experience in an area, but also has experience in dealing with a vast array of personalities and disputes, and has the track record to show success in any situation. Mediation is one of those things that you cannot learn from books and lectures, but rather from years and years of dealing with conflict.

Cost

There are mediators out there who feel that they are good enough, and have credentials to warrant a high price tag. These include some very prominent retired judges, with a day's worth of mediation going for about $5,000. While these experts have unrivaled experience and knowledge, it doesn't necessarily make sense to pay $400-1,000 per hour for many people whose cases are not complex.

On the other hand, it is important to consider mediation a wise investment, aimed at saving you money in the long term. Therefore, care should be taken to pay a reasonable amount to secure someone whose background you have researched, and who you think can be helpful to resolution.

Make sure you review a mediator's billing practices as well. Many mediators charge hourly fees, just like an attorney, with some even invoicing for phone calls, document review, and copying charges.

Style

We have seen several different styles of mediators, even some who are one-dimensional and simply go back and forth as messenger, between the parties, sharing the latest settlement offer. Others are so concentrated on the facts and legal aspects of the case, that they miss the underlying emotional issues controlling the parties decisions. You should use the services of a mediator that has experience with a variety of disputes so that he/she can recognize what is the best strategy to employ in your given situation.