As most Hawaii Attorneys know, mediation has become a very effective litigation tool in Hawaii. Although mediations occur throughout the United States, the people of Hawaii with their unique cultural history, seem particularly well-equipped to effectively use mediation.
Mediation is a process in which parties to a dispute agree on an impartial third person who guides the litigants to a settlement using various negotiation and/or communication techniques. Although Mediation may serve several purposes, its overall goal is to help the parties settle their own problems.
The selection of the mediator is critical. Parties should look for the following factors in a mediator:
1. The mediator has no conflicts of interests.
2. The mediator has adequate time to devote to the case.
3. The mediator should be able to meet the parties’ expectations with regard to timing.
4. The mediator should be completely candid and honest with all aspects of the process.
5. The mediator must be qualified.
If you can be sure that your potential mediator meets these factors, he or she may be right for your case.