A recent survey found that 90% of businesses have made customer experience (CX) their primary focus. While that statistic makes complete sense for most business interactions, one might wonder what bearing does it have on the mediation process?

Not surprisingly, mediation services are built on a foundation of trust. And client experience has proven to be a key part of that trust, factoring into mediation success.

Of course, trust starts between the attorneys and their clients. As the mediation process progresses, trust in the mediator is essential in order to reach an equitable settlement. The alternative dispute resolution (ADR) provider plays a vital role in ensuring the experience of all participants is conducive to a successful outcome. In the words of Maya Angelou, “I've learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.” An effective ADR provider delivers a consistent client experience that fosters trust among all parties to the dispute, thereby enhancing confidence in the process.

The Important Role of the Mediator in Building Trust

The mediator plays a crucial role in building trust between the parties. Once a mediator has been selected from a panel of qualified neutrals, they work to develop a rapport with both sides, beginning the process of understanding the issues and the positions of the parties. Pre-conference meetings and briefing documents allow the mediator to get up to speed on the details of the dispute and gain a better understanding of the parties themselves.

In emotionally charged mediations, an effective mediator is skilled at conveying genuine empathy and support while remaining unbiased. They are attentive listeners who help clients and attorneys feel they can engage openly and be heard. Communication is essential in any mediation, and a skilled mediator will do their utmost to keep everyone involved in the process.

Ultimately, when a mediator is able to foster confidence in the process, the experience of the parties is more likely to lead them to resolution. Choosing the right ADR provider is also important, as they will handle the administrative responsibilities throughout the mediation. Once again, consistency is important for success. Whether the mediation is conducted virtually, in person or a hybrid of the two, the provider should make sure everyone involved has a seamless experience, freeing up the participants to focus solely on the matter at hand.

When it comes to selecting an ADR provider, assessing their ability to provide a consistent experience is an important factor for a number of reasons. Mediations may take place across various locations across the country, and it is imperative that all participants can count on a uniformly high standard of service no matter where they attend a conference. This includes the level of service provided by the case management professionals, access to technical support personnel, availability of state-of-the-art equipment and the quality of the amenities themselves.

The choice of a provider is important. The overall experience offered by that provider can play a part in reaching an acceptable outcome, making this a critical consideration.

Formal Training Means Better Prepared Neutrals

Some ADR providers offer formal mediation training to their neutrals. So, in addition to the practice area experience each neutral brings to the mediation, when properly trained, they are better equipped to handle all manner of dispute issues in the most productive way possible. JAMS offers its neutrals training through the JAMS Institute, which presents educational sessions on different mediation styles, facilitating problem-solving, confidentiality and how judicial philosophies and ethics inform particular areas of practice.

By offering this training to neutrals, providers are furthering the consistency of the client experience and helping to make sure that mediation best practices are available to the mediator in order to help achieve a successful outcome.

No Two Cases Are the Same, but the Experience Should Be

Every case is different, as are the attorneys, their clients and the mediators. However, the client experience and the consistency and quality of the mediation services should be equally good each time. When the client experience is stellar, the parties are positioned to have a successful resolution.

Choosing the right mediator is an important first step, and partnering with an ADR provider that is fully committed to delivering the best client experience is essential to creating an optimal mediation process. A consistent, high-quality client experience helps position everyone involved—clients, attorneys and the mediator—to resolve the dispute through mediation.

Gina Miller is senior vice president of operations at JAMS, where she oversees operations, client experience initiatives and strategic business development. With extensive leadership experience across case management, marketing and practice development, she is also a frequent speaker and author on ADR. She can be reached at gmiller@jamsadr.com.