Does the mediator understand and respect the role of the attorney in mediation?
Some mediators appear to view attorneys as part of the problem rather than part of the solution. This is particularly true of some non-attorney mediators. Mediators who are also attorneys can better appreciate the proper role of the attorney in mediation and to work with the attorneys through out the mediation process. A good mediator will contact counsel prior to the first mediation session and discuss the dispute, the interests, the issues and the personal relationships in the case. A good mediator will always encourage and allow a party to speak privately with their client. A good mediator will also ultimately respect counsel’s deliberate strategic decision not to disclose some item of evidence to the other side. D. Will the mediator act in a totally impartial manner? All mediators have personal opinions and particular professional backgrounds. The test is whether a mediator can act in a totally impartial way rather than whether he or she is philosophically neutral or has represente
