Daily Archives: January 29, 2012

Do Litigators Make Great Mediators?

Do litigators make great mediators? Sometimes, but not always.

If a certain type of case is involved, and the mediator has tried many cases involving that subject matter, then litigation experience can inform the mediation. However, in the vast majority of cases litigation experience is not necessary. Sometimes it can even be harmful if the mediator cannot put aside her normal adversarial nature that is cultivated when one is a litigator.

The most important trait in a mediator is the ability to gain the trust of the participants. Once there is trust, there can be resolution.

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