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.

Advertisements
Post a comment or leave a trackback: Trackback URL.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: