Have you ever been in a mediation and the damn mediator is working harder on his iPad than on your case? Erg. This is not the first time I have heard this complaint. I have a friend who recently had this experience in a southern state. He is an attorney well-versed in mediation who has mediated across the United States. He was trying to get his case resolved. He had funds. And yet the mediator was too busy smiling at his iPad to work the case. So maybe the mediator was looking at his drop box. Maybe he was reviewing a crucial contract or deposition. In any event, it does not look or feel that way to the attorney or client, particularly if the mediator is smiling.
Don’t make the mistake of hiring the iPad Mediator — or, let’s say, the mediator who does not work hard to help the parties settle the case. Find a mediator who will work your case, stay with it until it is settled — unless, of course, you don’t want to settle.