This article sets out some of the practicalities of selecting a mediator for peaceful dispute resolution in the US.
The settlement of an international dispute through mediation in the United States is a process in which the parties to a conflict try to negotiate an amicable resolution. It is a tool that will relieve the courts and help successfully overcome differences and settle disputes.
A mediator is an integral part of this process, and the success of the case largely depends on his professionalism. The parties conclude a separate agreement with such an expert on the search for consent, and with another agreement they record the agreements already reached.
Although mediation in the United States is more cost-effective than traditional litigation, you still need to be prepared for a hefty cost. But if you make the right choice of a mediator, these costs will pay off, since as a result you will not only get a past conflict, but also maintain a good business relationship with your counterparty.
Where to find a mediator?
If you are planning to resolve a dispute through mediation in the United States, then you will be faced with the problem of choosing a mediator to conduct the process – you will be surprised at the sheer number of organizations and individual professionals offering this type of service. Below is just a small list of such organizations:
- National Council for Mediation;
- Council of Civil Mediation;
- US Institute for Peace;
- and many others.
The USA has developed its own guidelines for candidates wishing to be licensed as a mediator in the United States. You can get your mediator certification online. Consequently, an individual can start a career as a mediator with a high school diploma. Plus, a mediator can practice privately in any state without any license, certification or registration! Therefore, if you want a qualified and highly educated person to moderate the process of resolving your dispute, be vigilant and do not trust the outcome of your case to anyone without first requesting certificates confirming his / her professionalism, recommendations, as well as a preliminary interview.
Sometimes a court can appoint a mediator. After the dispute is brought to court, only US professional mediators can be involved in alternative procedures.
A characteristic feature of US mediation is the presence of clear principles. Mediation begins with building trust at all levels – both between the mediator and each participant in the mediation process. Two other key principles are neutrality and confidentiality. The mediator does not have the right to side with any of the parties, and all information obtained during the mediation does not go beyond the process. The mediator is prohibited from disclosing information about the procedures being carried out.
Moreover, since this process usually provides not only general, but also separate meetings of the mediator with each party, he must obtain the client's consent to discuss what he heard at such a meeting with the other party. The mediator meets with each of the parties, organizing the negotiation process and tries to ensure that the dispute is resolved within sixty days.
How much does a US mediator cost?
Mediation in America is usually paid hourly. The cost of the US mediator's services must be stipulated in the agreement of the parties.
The rates usually reflect primarily the experience of the specialist in the field. Also, his education and academic degree are of great importance in pricing. Some lower their rates for large workloads, while others prefer to charge a flat fee.
Private mediators offer flexible rates. The amount of commission depends on the client's income.
To get the best chance of success, you should look for a mediator with experience in resolving international disputes through mediation. These individuals should have legal experience and negotiation skills, know psychology well and be stress resistant. Although not every dispute is resolved, a highly qualified mediator will always do everything possible to achieve a positive outcome that will be accepted by both parties.
Sign up for a consultation on the resolution of international commercial disputes in the US through mediation from the specialists of IQ Decision UK. Our experienced professionals also offer mediation services in negotiations without a dispute, for example, when agreeing on investment projects or when setting up a business in your chosen jurisdiction.