Criteria for Selecting
a Mediator
__ What is the scope, nature, and dollar amount of the dispute? If the dispute
involves a large number of association members or a subject that is frequently in dispute, it may be worthwhile
to use a mediator such as a retired judge or an attorney who is experienced in common interest development law.
If the dispute is between two neighbors over noise, a local neighborhood dispute resolution center may be just
as good or better than using a mediator, and will be a lot less expensive. Mediating a noise dispute does not
require years of experience as a judge. On the other hand, a local dispute resolution center that has no
attorneys on staff may not be a good choice to mediate a dispute that involves complex legal
issues.
__ Does the dispute involve legal issues or some other technical issues? For
example, if the dispute involves issues related to building design or construction, the parties may be better
off working with a mediator who is a contractor or a design professional than using a judge or an attorney who
lacks specialized knowledge about the issue in question.
__ How reasonable are the parties, and how tenacious is the mediator? Most
disputes between reasonable parties can be resolved without much difficulty. Typically, the most difficult
disputes involve one or more difficult or unreasonable people. If the mediator gives up too easily, the
association may be back in the middle of such a dispute, which may drain limited time and financial resources.
The best mediators are tenacious and keep working until they get the job done. They are usually worth whatever
the parties have to pay them.
__ Does the mediator have a staff or an organization? If so, the fees will likely
be higher, to cover the staffing costs. Some private mediators who work independently of organizations can be
much less expensive. However, private mediators may be difficult to contact because they lack a secretary or a
receptionist to answer calls and help schedule meetings. Using word of mouth referrals can be useful in this
regard.
__ How creative is the mediator? Excellent mediators can resolve seemingly
intractable disputes by thinking in very creative ways.
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