Should You Hire a Particular Mediator?

Last fall, the California legislature enacted Assembly Bill 1755, which put a rocket under lemon law cases. One significant change is that it requires every lemon law case filed in state court to be mediated within 150 days of the filing of a responsive pleading. (California  Code of Civil Procedure Section 871.26 (d)). The aim is to settle as many cases as possible early, so court dockets are no longer clogged with them.

As a result, mediators with knowledge of this area of the law suddenly find themselves swamped. They are now mediating with lawyers who are new to them; likewise, the mediator is new to the lawyers.

Recently, a law firm requested my CV to determine whether they wanted to retain me to mediate a lemon law case. According to a recent blog post, the firm should also ask specific questions of the lawyers who are recommending me.

The Harvard Program on Negotiation blog suggested five simple questions to determine whether a particular mediator meets the parties’ needs in a post entitled “Mediation Checklist: 5 Questions to Ask When Hiring Mediators” (by the Pon Staff, November 27, 2025).

The first question: Does the mediator operate from an interest-based perspective?  Is the mediator proposing solutions that meet the needs and interests of both parties? Or is the mediator putting forth options that tend to be biased in favor of one party and against the other? (Id.)

The second question: Does the mediator work to build trust and rapport with each party? Building trust and confidence is crucial to the success of any mediation. As I explain to my mediation classes at the University of Southern California Gould School of Law, this is the first and most crucial step: building a relationship of trust and confidence with each party. (Id.)

The Third Question: Is the mediator creative? Does the mediator help the parties create options and, if needed, generate additional possibilities? (Id.)

The Fourth Question: Is the mediator patient yet tenacious? The parties need a mediator who will not give up and be patient for hours on end. Resolving a conflict can sometimes take hours, and a good mediator will be patient, flexible, and persistent: she will not give up! (Id.)

The fifth question: Would you hire this mediator again?  This is perhaps the essence of these questions, but as the blog post notes, this answer should be considered alongside the answers to the other four questions.

So, when selecting a mediator, ask for more than just the CV! Ask the questions above to get to the real answer of whether the mediator is the right person for your matter.

… Just Something to Think About!

 

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