Choosing a mediator

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Choosing a mediator
  • Choosing a mediator—provision in the mediation clause
  • How many mediators should you have?
  • Should you choose a specialist mediator?
  • Choosing a mediator—conflicts of interest
  • Points to bear in mind when choosing a mediator
  • Sources of mediators
  • The mediation agreement
  • Court assistance for mediation
  • Court specific guidance

Choosing a mediator

This Practice Note considers how to find and choose a mediator. It raises issues such as the mediation clause, drafting the mediation agreement, conflict of interest and how the court can assist. It also sets out important points to consider when choosing a mediator such as qualification, style, experience, references, personality and whether a specialist or expert mediator is helpful. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

Choosing a mediator—provision in the mediation clause

Sometimes, the mediation clause in the contract dictates how the mediator is to be chosen. It may provide that the parties defer to a mediation organisation that will forward lists of potential mediators to the parties who will then agree on one between them. Always check the clause first so that you can establish whether or not you need to hand over the reins to a mediation organisation. See Practice Note: Starting the mediation.

For information on the enforceability of alternative dispute resolution (ADR) clauses, see Practice Note: Drafting a dispute resolution clause—Enforceability of ADR clauses.

If there is no ADR or mediation clause in the contract or the dispute is non-contractual, then there are various means of identifying possible mediators, see: Choosing a mediator—Sources of mediators.

How many mediators should you have?

In the vast majority of cases,

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