Peter Whitman debates the pros & cons of selecting your own tribunal
How often is that, having taken, what is for many, the forward thinking step of considering mediation as the appropriate form of dispute resolution, the problem of whom should be appointed as the mediator, arises? Suddenly an extra dimension has been added to the process—the parties have been given a choice of who will deal with the case. Rather than being allocated a judge by the Court Service, and possible one they would rather avoid, to make a finding, the parties now have the opportunity to choose who will assist in facilitating an agreement. The opportunity to look at a mediator’s profile and decide if his, or her, experience is such that qualifies them to deal with this particular case, and its areas of law.
An added dimension
This is an additional dimension, but is it a problem? I accept that extra time has to be spent in locating a suitable mediator, agreeing the appointment and the date for the mediation can take longer that accepting the “throw of
