Why the Mediator Counts
The choice of a mediator may be one of the most important, if overlooked, decisions that will affect the outcome of a case. Some choose a retired judge on the belief that he or she will have unique insight into how the judge on the case may rule or may present a forceful personality. However, experience has shown that many retired judges do not make for great mediators. Oftentimes, retired judges “make their decision” early in the process and expect the parties to adopt their opinion, failing which they may grow weary of the process. This, of course, runs contrary to the very purpose of mediation, which is to empower the parties and allow them to control the outcome of their case.
Others prefer full-time mediators for their lengthy experience in mediating cases. Once again, experience shows that professional mediators may not always be the best choice because these mediators may lack practical experience or knowledge in a given area of the law. While there are certainly many fine professional mediators, all too many try to employ a one-size-fits- all, formulaic approach to settling cases. These techniques may work well in a slip and fall case but may not translate to a complicated real estate dispute.
We at Rothman & Tobin, P.A. believe that while there is no ideal mediator for every case, the choice of a mediator practicing in the field of law of the case being mediated is crucial.
And when it comes to disputed real estate cases, title insurance claims, foreclosures and workouts, lender liability cases, commercial and contract claims, we believe that Michael Rothman represents the ideal type of mediator: creative, effective, attentive, experienced, knowledgeable, with the ability to identify and able to quickly grasp the core issues that must be resolved in order to get the case settled. We invite you to contact Rothman & Tobin P.A. and schedule Mr. Rothman for your next mediation.