Factors Affecting the Choice of Mediators and Respondents’ Satisfaction with Mediators Exhibit 6.5 Importance of Factors Influencing Choice of Mediator Satisfaction with Choice of Mediator 72% 67% 94% 72% 39% 50% 89% 78% 83% 67% 72% 67% 89% 56% 94% 78% 89% 72% Cost Cost Mediator from a third-party country Mediator from a third-party country Industry/issue-specific knowledge Industry/issue-specific knowledge Dispute resolution experience Dispute resolution experience Formal qualifications Formal qualifications Language Language Good ethics Good ethics Cultural familiarity Cultural familiarity Efficiency Efficiency All Respondents All Respondents 6.20 The top two factors influencing the choice of mediators were dispute resolution experience (94%) and good ethics (94%). Dispute resolution experience helps mediators understand what parties are looking for when there is a dispute. This is because parties may not always be looking at obtaining the instituted claims in a suit. Rather, these claims may just be a means to an end. Mediators who have dispute resolution experience would be able to understand such nuances and help parties to structure a creative solution, such that each party gets what they desire. 6.21 Mediators must have good ethics and should above all, be free of bias. This is important because parties attend mediation consensually and place considerable trust in the mediator to actively help both sides resolve their dispute. 6.22 Interestingly, the least important characteristic in choosing a mediator is whether the mediator is from a third-party country (39%). This may be explained by the contrast between the role of a mediator and that of an arbitrator or judge. An arbitrator or judge will have to make a finding with a basis in law that would favour only one party, and hence the nuances that a judge or arbitrator may understand from a jurisdiction would be important. In mediation, however, the aim is to help both parties walk away from the mediation satisfied. Having a mediator from either side’s country might even help the mediator understand where one party is coming from and propose a more tailored solution to resolve the dispute. 6.23 Most respondents were satisfied with the top two factors affecting their choice of mediator. 78% of the respondents were satisfied with the ethical conduct of mediators while 72% of the respondents were satisfied with the dispute resolution experience of the mediators. 6.24 However, only 56% of the respondents were satisfied with the mediators’ industry/issue-specific knowledge. 89% of the respondents viewed this as an important characteristic in choosing a mediator. The data suggests that most respondents rate the subject-matter expertise of mediators as important. For instance, parties to investment-related, intellectual property or maritime disputes may require mediator expertise in these areas respectively. At the same time, it is important to note that there is a strong and ongoing debate in the professional mediation community about whether mediators expertise should be process-related rather than subject-matter related. SIDRA INTERNATIONAL DISPUTE RESOLUTION SURVEY 36
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