The Closer

A Mediation Newsletter February 2010

Mediation Repetition
by James Rainwater

Something I believe to be quite important is the wellbeing of the mediation client - from personal comfort to confidence in the integrity of the mediation process. Too often clients get relegated to being just another factor in the pre-litigation package. The selection of a mediator can have significance in the client's involvement with settling the case.

With the growing population of qualified mediators in Bexar County, there is certainly no shortage of available mediators for attorneys to consider. Yet, many attorneys continue to utilize only one or two mediators for all their cases. This presents the question: Does familiarity inhibit the mediation process and affect the position of the plaintiff or defendant?

Of course, attorneys may have a favorite judge and seek to land their cases in that particular court. However, mediation is a much more interpersonally dynamic process, with the chosen mediator having considerable input. It is in the choice of both attorneys that a mediator is selected, and both attorneys should have equal confidence in their selection.

When I created the Alamo Mediation Center, I thought it was a good idea to offer mediators a neutral location to utilize, as well as offering a list of highly qualified mediators for attorneys to consider. With the wide selection of available mediators, attorneys now have the ability to avoid frequent repetition. A new mediator may present some different perspectives that had not previously been considered, and that can benefit the client beyond the attorney's expectations.

For more information about the Alamo Mediation Center, go to

Rainwater Law