Originally from:
AAA Handbook on Mediation - 2nd Edition - Electronic
AAA Handbook on Mediation - 2nd Edition - Hardcover
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CHAPTER 19
ENTRANCES AND EXITS: STRATEGIES TO PURSUE OUTSIDE THE MEDIATION
Judith B. Ittig*
I. Introduction
There are steps, sometimes overlooked by mediators and attorneys, which can be taken outside the mediation session to help ensure that a settlement is reached. By taking some or all of these steps, the parties, their advocates, and the mediator can make the mediation more likely to succeed.
II. Pre-Mediation: What Parties and Counsel Can Accomplish with the Mediator
Step #1: Getting the Right Mediator
a. Interview the mediator
Counsel can and should interview prospective mediators. The AAA has a fine roster of neutrals who are highly qualified as mediators. Each possesses different skills and backgrounds.
Each side should determine what talents the mediator needs to have for their dispute. Technical knowledge? Legal experience? Financial expertise?
Judith B. Ittig practices law in Washington, D.C. She serves as a mediator and arbitrator on the American Arbitration Association’s panels for construction, commercial and international cases. Mrs. Ittig is a Certified Mediator of the International Mediation Institute, a Fellow of the American College of Construction Lawyers, and a Fellow of the College of Commercial Arbitrators. She is listed in Best Lawyers in America (construction law and alternative dispute resolution) and SuperLawyers (construction litigation). She may be contacted at USBuildlaw@ittig-ittig.com.
