Critical Attributes of a Neutral: Quote #4

The most important thing a mediator or arbitrator can do: LISTEN.

I was reminded yesterday about a mediation I attended a few years ago as counsel where the mediator spent the day trying to convince us to explore a process to narrow the damages gap that would be expensive, time-consuming (months) and similar to something that parties had previously done without any resulting benefit. Instead of listening to our feedback and attempting to understand our concerns (or listening to what we thought the mediation's focus should be), he kept trying to persuade us. We never felt heard or respected and lost trust in the process. And worse, because we had traveled for the mediation, we felt trapped there until our train. Needless to say, the case did not settle that day. And not surprisingly, we never hired that mediator again.