By Derek Sarluis
While Mediators must be excellent listeners and communicators while remaining neutral, other skills must be possessed and effectively employed.
- Knowledge of the applicable law:
Allows the Mediator to use strengths and weaknesses of the case to influence parties - Credibility:
The Mediator must gain the respect of the parties - Tenacity:
Keeping the parties talking even when it appears an impasse may have been reached - Creativity:
Stepping outside of the box and knowing when to do so - Persuasion:
Shuttling offers back and forth accomplishes little
Persuasion while remaining neutral is the key - Intuition:
Determine the actual interests of the parties rather than focusing on the legal positioning - Get to know the room:
One of the parties may be the dominant force