Selecting the right mediator or arbitrator can make or break the resolution of a dispute. While experience and subject matter expertise are crucial, truly effective dispute resolution professionals bring a combination of skills, temperament, and strategic insight that elevate the ADR process. Lawyers who carefully vet their mediators and arbitrators can position their clients for a more favorable and efficient resolution.
Key Criteria for Selecting a Mediator or Arbitrator
1. Subject Matter Expertise and Legal Acumen
A deep understanding of the relevant legal issues is non-negotiable. While generalist mediators can be effective, complex disputes—such as construction, commercial, or intellectual property cases—demand an ADR professional with industry-specific expertise.
💡 Example: A leading arbitrator in international trade disputes, such as Gary Born, is sought after for his expertise in international arbitration law, ensuring well-grounded and enforceable decisions.
2. Impartiality and Reputation
Neutrality is the bedrock of ADR. Lawyers should look for mediators and arbitrators who have a proven track record of fairness and objectivity. Researching past cases, speaking with peers, and reviewing professional affiliations (such as AAA, JAMS, or ICC) can provide insights into their reputation.
💡 Tip: Look for neutrals who disclose potential conflicts upfront and have a history of balanced decision-making.
3. Strong Communication and Emotional Intelligence (EI)
ADR professionals must navigate high-stakes disputes with diplomacy. Emotional intelligence allows mediators to de-escalate tensions and arbitrators to conduct proceedings with control and composure.
💡 Example: Mediators like Kenneth Feinberg, known for handling sensitive cases such as the 9/11 Victim Compensation Fund, demonstrate how empathy and clear communication can facilitate settlement even in the most contentious disputes.
4. Process Management and Efficiency
Time is money, especially in ADR. Lawyers should seek professionals who manage sessions effectively—keeping discussions focused, maintaining procedural fairness, and preventing unnecessary delays.
💡 Tip: An arbitrator experienced in case management will establish clear procedural rules upfront, ensuring that the process runs smoothly and avoids excessive motion practice or discovery battles.
5. Enforceability of Decisions
For arbitration, ensuring the final award will hold up in court is critical. Arbitrators must have experience drafting clear, well-reasoned awards that minimize the risk of appeal or vacatur. Reviewing prior awards (if available) can provide insight into their ability to craft legally sound decisions.
Final Thoughts: The Right ADR Professional Adds Strategic Value
Choosing a mediator or arbitrator is more than a procedural step—it’s a strategic decision that directly impacts the outcome of a case. By focusing on expertise, neutrality, communication skills, and efficiency, lawyers can ensure they select an ADR professional who will drive meaningful and enforceable resolutions.
📩 Looking for a seasoned mediator or arbitrator with the skills to facilitate a fair and effective resolution? Let’s discuss how I can help.

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