IMI International Corporate Users ADR Survey - Strong consensus on selection criteria

The International Mediation Institute has published results of its survey of in-house counsel responsible for managing dispute resolution. The summary is available here, and the full report here.

When choosing a mediator: 99%  rely on a mediator’s experience as a mediator, 97% rely on past experience with the mediator, 93% rely on the mediator’s personality and attitude, and 88% rely on independently verified user feedback. See my independent feedback here.

When choosing an arbitrator: 97% rely on experience as an arbitrator, 96% look for experience in the sector to which the case relates, 89% rely on the arbitrator’s experience as a lawyer, and 84% on evidence that the arbitrator’s competency has been independently assessed. See the assessment criteria for granting Chartered Arbitrator status here.

76% agree that all neutrals should belong to an ADR professional institution with a rigorous and public code of ethics backed by a disciplinary process. I belong to IMI, ADR Institute of Alberta (former director and president) and the ADR Institute of Canada (current director). In addition to the Code of Ethics of the Law Society of Alberta, and am bound by the ADR Canada code of ethics. See it here.

77% agree that mediators should adopt a proactive, idea-generating role, including proposing solutions and settlement options.

80% expect their arbitration and litigation counsel to have been trained in mediation advocacy skills.


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