Alternative Dispute Resolution
Jun. 9, 2025
How to use experts effectively in mediation
In mediation, experts should serve not as adversarial advocates but as collaborative problem-solvers-clarifying technical issues, managing risk, and facilitating informed, resolution-focused dialogue when engaged early and used strategically.
In litigation or arbitration, experts typically function as persuasive weapons-each party retains its own, and they battle for credibility in front of a judge or tribunal. Mediation, by contrast, is not about winning or losing; it's about finding resolution. Thus, the expert's function shifts.
In mediation, experts should be seen not as advocates but as resources-sources of clarity, context and potential compromise. Their role is to help parties (...
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