IMI Feedback Form

International Mediation Institute www.IMImediation.org Feedback Request Form (DRAFT March 2008) Every IMI Certified Professional Mediator has attained a high standard of professional competency in the practice of mediation. On completion of each mediation, the Mediator will invite the participants to complete this Feedback Request. This Feedback Request will take just a few moments to complete. The Mediator’s task is a challenging one – in your responses, please appreciate this and be helpful, specific and constructive. Please do include your name and details so that you can be contacted in the unlikely event that the compiler of this Mediator’s Feedback Digest needs further elaboration on anything you wish to say below. Mediator: Mediation Institution (if any): Date of Mediation: Place of Mediation: Nature of mediated matter: Tony Allen, UK CEDR January 2008 UK Personal injury 1. How did you come to identify and appoint this mediator? a. Suggested by colleague, law firm, or other professional recommendation b. Appointed by an institution c. Suggested by the opposing party d. Other On a scale of 1-5 (with 1 being the lowest and 5 the highest), how would you rate the mediator's performance in assisting the parties to set up and organize the mediation, i.e., to help make sure all necessary parties would appear at the negotiation table? 1 2 3 4 5 5 2. Comment: N/A as I was not involved in the process of setting up the mediation. 3. On a scale of 1-5 (with 1 being the lowest and 5 the highest), how would you rate this Mediator’s performance in terms of management of the resolution process and facilitating resolution? 1 2 3 4 5 5 Comment: Tony’s handling of an exceedingly difficult and emotional mediation is an example of why parties become so appreciative of the process of mediation when they see it work well. His intervention, and continued support of the resolution process well beyond the day of the mediation, was essential in leading the parties to a solution that I believe all parties agree was a superior result to the alternative of continuing the litigation. 1 3. If you perceive that the Mediator’s personal skills made a decisive difference in the outcome, which particular skills were they? Tony’s skills need to be stated in the context of the particular challenges of this case, which involved virtually everything that makes litigation difficult to settle: high emotional levels, a difficult/obstreperous counsel (in at least one case), insurance parties operating behind the scenes, and settlement efforts being initiated only in the late stages of litigation after each side had invested heavily in the dispute. Not only was Tony at home and at ease in navigating this minefield, he was superbly capable of putting the parties themselves at ease and helping them overcome these barriers. 4. On a scale of 1-5 (with 1 being the lowest and 5 the highest), how likely is that you would you recommend this Mediator to others? 1 2 3 4 5 - 5 Comment: Tony delivers. We would highly recommend him in future cases. 5. On a scale of 1-5 (with 1 being the lowest and 5 the highest), how do you rate your satisfaction with the costs of conducting the mediation? 1 2 3 4 5 - N/A Comment: this aspect was handled by the insured parties, although my own sense is that the costs of continuing the proceedings after the mediation were a substantial factor contributing to the decision to settle. The inference, therefore, is of a high level of satisfaction. 6. On a scale of 1-5 (with 1 being the lowest and 5 the highest), how do you rate your overall satisfaction with the mediation process and the result obtained by the parties? 1 2 3 4 5 - 5 Comment: This was an insured litigation that came with a company that GE had purchased in the preceding year, and had been pending for several years and was being scheduled for trial. Although the financial responsibility was borne by the legacy insurance carriers, the case was high visibility in the local business community, and it was important for GE to least demonstrate that we had made a genuine attempt to bring about a settlement. Thus, the process mattered as much as the outcome. At one stage of the mediation, when settlement looked like it might evade the parties, the plaintiff took me aside and told me that he was satisfied that GE had done everything it could to achieve a fair resolution, and that he was grateful for having his day in court (which is how he viewed it). Had the mediator been someone without Tony’s particular skills, I am not certain we would have had the same degree of satisfaction even in the absence of a result. 7. If an organization (mediation or arbitration institution or similar appointing authority) was involved in the selection and appointment of the mediator, please state on a scale of 1-5 2 (with 1 being the lowest and 5 the highest), how you rate your overall satisfaction with that organization's support of the dispute resolution process? 1 2 3 4 5 Comment: N/A – counsel chose the mediator 8. Did you resolve your issue as a result of the mediation? Yes 9. If the mediation process did not result in an outcome, do you nevertheless consider that it was worthwhile? 10. What have you learned as a result of this mediation? The particular skills suited to facilitating the settlement of a complex and significant personal injury litigation. 11. Do you have any other comments, suggestions, or criticism of this Mediator’s performance or abilities, or any other aspects of the mediation? Thank you for completing this Feedback Request! 3