Sophisticated clients often demand a mediator’s view of a case, but mediators are generally trained to resist. JAMS International panellist William Wood QC (pictured) explains the dilemma.
Market demand for an external health check on the strengths and weaknesses of a case is evident, and rising. Nevertheless, when a mediator offers an opinion on a case, it can narrow resolution options, and close possible avenues to settlement. Managing this tension is part art and part science, and a key challenge to the modern commercial mediator.
One of the benefits of mediation is that parties have access to an independent mediator, often a seasoned lawyer, who can help them reach a mutually beneficial settlement. While neutrality is the bedrock for a good mediator, independence, according to Bill Wood QC, does not mean inertia. Good mediators should also be able to assess the nuances of a case and provide parties with thought-provoking responses – though not necessarily opinions – that can help them find the common ground.
