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A Transparent Mediation Market

A Transparent Mediation Market

How are you trying to achieve more transparency about mediator effectiveness?



Full Transcript

I wanted to give the market a voice. I wanted to try and encourage a dialogue about mediator competency. Not for mediators to assess each other behind closed doors but for users to actually be able to have somewhere to complain because that didn’t exist at the time. But to also articulate for the benefit of others what they had found to be good and helpful in particular mediators. There is so much caution in the mediation process about who people choose to appoint. A preferable scenario would be if you didn’t continue going back necessarily to the same people with whom you’ve had bad experiences but you went to someone with a more appropriate skill set. That you take that chance. It’s a really difficult leap for people to make. This is all governed by IBM factor and not being blamed for making that appointment, should it subsequently fail or not settle or whatever. That seems to be a very significant driver in all of this. I wanted to try and change that.



I’d spend a lot of time doing Legal 500 interviews and I’d talk to a lot of the lawyers who are making these appointments and some had a very great deal to say, useful feedback, but a lot were clueless about what the process was, what the mediator was trying to do. I don’t know. I always thought it would be in everyone’s interest for this dialogue to be public because it’s a confidential process. I think it’s helpful for all of that to be out there. For people to start to have a greater realisation of what it is that a mediator is doing, what they are doing well when they do it. It’s difficult.

About the mediator

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Matthew Rushton began a career as a legal journalist in 1997 writing for The Legal 500 in the UK, continental Europe, and Asia Pacific regions. He subsequently wrote for a wide range of legal periodicals in the UK and US, including Legal Business magazine where he was a senior reporter and litigation editor (2000-2003). As a business journalist he is widely published in magazines and newspapers, including nationals like The Daily Telegraph. He is... View Mediator