10 QUESTIONS ON ADR
6. Who should we select to conduct the ADR proceedings?
Whoever you believe: (a) is honest and fair; (b) uses common sense; (c) has ADR skills; and (d) has a good working knowledge of the legal principles governing the issues.
Always select your mediator or arbitrator. If you cannot trust the person, you cannot trust the process. The person you select must be capable of moderating discussions and controlling the proceedings. The person should be able to find the heart of the dispute, to analyze the facts in light of the law, and to play devil’s advocate in a constructive manner. The person should be capable of receiving information in confidence, accurately communicating each party’s positions, and cutting through the bull. If you lack personal information about a proposed mediator or arbitrator, ask. Ask opposing counsel. Ask your colleagues. Ask judges. Always select someone you believe you can trust. And always ask that person to run a conflicts check on the people (and companies) involved.