How To Select A Neutral Mediator

If your lawyer has suggested that your legal issue may best be resolved through mediation, arbitration or another form of alternative dispute resolution (ADR), you may wonder how a third party can help you outside of a courtroom setting. Mediators, or "neutrals," are pivotal to a successful ADR process.

I am Mark Frankel, owner of Frankel ADR, LLC. I focus my law practice on acting as a neutral in various types of ADR, as well as providing lawyers with litigation consulting. My two decades of experience as a Dane County Circuit Court judge, as well as my work in mediation in other legal settings, provide me with unique qualifications to bring your case to a successful resolution, without taking it to court. From my office in Madison, I serve attorneys and their clients throughout Central Wisconsin.

Tips For How To Select A Neutral

If your attorney suggests a specific mediator for you (or if you are a lawyer evaluating several neutrals for your client to select from), consider these factors and how well they fit your situation:

  1. What is the experience level of the neutral and what types of certifications do they carry?
  2. Do they practice facilitative mediation (working with both sides to create a solution), evaluative mediation (appraising the best offers of both sides and projecting how the case might be settled if it goes to court) or a combination of both?
  3. How skilled is the neutral at listening and problem-solving? These two skills form the heart of successful dispute resolution.
  4. Is the mediator/neutral willing to evaluate your offer before it is presented to the other side, or pose questions to the other side on your behalf?

When mediation is the best avenue for resolution, it can be used in clearing up even complex legal matters. For example, I have assisted parties resolve electronic discovery disputes and conflicts over the use of electronic data in a case.

Learn More About Mediation From A Madison ADR Attorney

My firm can listen to your conflict and help you determine whether alternative dispute resolution is right for you. As a mediator/neutral, I work with clients referred by their attorneys in many types of civil litigation. To set up an initial appointment, call my office in Madison at 608-824-6409 or email the firm.