You want experience, and experiences, that will make your mediator effective for your particular dispute.
Subject matter expertise matters. You should drill down past “employment law.” If yours is a wage and hour case, you want someone who knows what the law actually is and keeps up with it as it changes, who knows the wage orders and the available damages, who can read a damages spreadsheet, and who understands the requirements of Cheeks. A mediator who can hit the ground running earns her fee.
Industry experience can matter as much: retail, financial services, hospitality, construction all have their own dynamics.
And a word of caution: don’t write off mediators who spent their careers on the plaintiffs’ side or the management side. If you do, you will cross a lot of very good mediators off your list for no good reason.
How to get this information
The usual way is mediator websites and public records. The best way is simpler: call the mediator. It is entirely okay to interview prospective mediators. Ask about expertise and experience, but also about style. How does she run the process? Evaluative or facilitative? Does she use joint sessions? Will she give you references?
One last point on selection. Include your client. Explain what you’ve done, make a recommendation, and get buy-in. It’s good client service, and it starts building the trust between mediator and client that you’ll need to get a deal done.
