The appointment of a good independent mediator is very important. Mediation can require several months of engagement and may require several sittings. The mediator, as well as the correct representatives from the parties, are integral to the process and its potential outcomes. A mediator acts as a neutral third party and their recommendations will only be accepted if they are trusted. The parties must ensure that the mediator is reputable, experienced and, respected by both parties with a verifiable track record.
Consideration should be given to the mediator's background, as the more technical or contractual a dispute is will influence who is best placed to mediate. However, the core skill of a mediator is to bring the parties together. Focusing too heavily on sector or technical specialism can unhelpfully narrow the options available. Where a dispute involves high levels of technical detail an expert can be appointed in addition to a mediator. The expert can provide expert knowledge to assist the mediator.
EXAMPLE Use of independent certifier as a mediator On the Daang Hari-SLEX Link Road project in the Philippines an independent consultant was commissioned by both parties to certify progress of the works. It was noted that this consultant can act as a mediator helping to prevent disputes as it offers an impartial evaluation of any issues, which can then be presented to the parties for agreement. For more information, see the Daang Hari-SLEX Link Road Case Study. |