Mediation Guestlist: Key Considerations

The people who attend mediation will play a crucial role in its eventual outcome, which means it’s important to choose your guestlist wisely.

Every mediation case is unique in its own way. As a result, there is no single correct answer.

In this article, I provide essential guidance on the key things you need to take into consideration when deciding on who should attend your mediation hearing.

Find Out Who Is Attending From The Opposition

The most obvious place to start is the opposition. Be open and transparent in telling them who you are thinking of bringing along whilst finding out the same from the other party.

Having this discussion in advance will:

• Ensure both parties are comfortable with the people in attendance.
• Reduce the chances of a nasty surprise for you on the day of the mediation hearing.

Additionally, it gives you the chance to ‘match’ your attendees to theirs in terms of the number of people attending, their seniority and level of expertise. If you don’t agree with someone they’re planning to bring along (or vice versa) discuss this and reach an agreement.

At the end of the day, you (and the other party) want things to go as smoothly as possible. The last thing you want to do is be unprepared or put yourself at a disadvantage and give the opposition the upper hand before a word has been spoken.

Choose People Most Likely to Help Reach a Resolution

Let’s say the mediation is between you, an insurance company, and its customer, you want to bring people who can add value to the mediation.

Starting with seniority, you want to avoid brining an agent, because they lack the authority or skill set to expertly advice (and your customer may think you’re not taking them seriously). It would be wiser to bring c-suite individual who has the vast experience in dealing with complex cases. Their mere presence may be enough to help resolve the issue.

Finally, think about interpersonal skill. You need to bring good and effective communicators to the table and those with a sound temperament.

Choose People Directly Involved With The Dispute

The people directly involved with the case are naturally the best candidates to help establish a peaceful resolution. They know the ins and out of the dispute and will be able to explain it clearly and concisely.

At the same time, there needs to be a presence of someone who can look at things objectively, is not inherently biased and doesn’t let their emotions dictate proceedings – which can derail the entire discussion.

Should I Bring A Key Witness

Whether to bring a key witness or not is a difficult dilemma to navigate. The advantages of a key witness are clear and obvious. The key witness has first hand evidence to present and makes your case very strong.

Having said that, there are drawbacks to bringing a key witness. These include:

• The key witness being cross-examined by the opposition
• The key witness is unable to communicate effectively
• The key witness is overwhelmed by the situation.

You’ll need to speak to the key witness in advance and rehearse what they’re going to say and how they are going to say. Your decision to bring them should be based on how well they can ‘perform’ and ‘deliver’.

Should I Bring A Decision Maker?

Remember, the mediator does NOT make the decision for you. He/she is only there to help facilitate a discussion. The presence of a decision maker on your side is important.

The advantage of having a decision maker present on your side is fairly self-explanatory.  You’re mediating in order to make a decision, which necessitates their attendance.

It’s important to bring a decision maker with the right qualities. The decision maker needs to be able to weigh all the options and choose the one that will have the best possible outcome. They are also able to take into account the short-term and long-term consequences of the decision. The decision maker should able to stay calm under pressure.

If you are going to be attending a mediation, it is important to choose the right team. By selecting an experienced and qualified personnel, you will be more likely to resolve your dispute in a timely and cost-effective manner.