What a good mediator is not!

A good mediator is not a fact finder; not an adjudicator. A person who has subject matter expertise and perhaps judicial experience is not, for those reasons alone, necessarily a good candidate to be a mediator in Chapter 11 cases.

A good mediator has . . .

Subject matter expertise. Business bankruptcy is a specialized area of practice. Subject matter expertise is an important qualification. Ideally, the expertise was gained in representing more than one side. Bankruptcy lawyers often label themselves as creditors’ or debtors’ lawyers. A good mediator in business bankruptcy cases understands the perspectives and unique challenges of all sides in a Chapter 11 case.

Formal Training and Experience. In addition to subject matter expertise, the prospective mediator should have mediation training, including a basic mediation course as well as regular continuing education mediation courses. Beyond formal mediation training, considerable mediation experience is an essential qualification.

Negotiation skills. Good mediators are good communicators. They listen actively; they are prepared; they understand cognitive barriers to communication; they are adept a defusing negative emotions while at the same time creating a positive negotiating climate.

Colin W. Wied has complete subject matter expertise, having written the book on how to handle a Chapter 11 case. Mr. Wied is a trained mediator with considerable mediation experience and teaches negotiation and mediation advocacy skills.

Mr. Wied’s mediation style is principally facilitative, and evaluative only where desired by the parties. His style is also transformative where opportunities exist to repair relationships.

To engage Mr. Wied as a mediator, contact him directly at (619) 338-4030 or cww@cwwied.com; or contact Meghan Levandowsky at the San Diego office of the American Arbitration Association at (619) 239-3051.

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