As a mediator and arbitrator, Mr. Himmelman has managed hundreds of complex, multi-million dollar disputes between businesses and between businesses and the government involving the False Claims Act, civil fraud, qui tam, whistleblower, Privacy Act, copyright royalty, information technology, government contracts, executive compensation, sports, environmental, energy, and a host of other cases, many of them having been prominently featured in the news. The following are tips he has found especially useful for mediators and counsel in resolving complex, high-stakes cases.

1. Hire the right mediator. The parties should take full advantage of one of the principal benefits of alternative dispute resolution: hire their own neutral and the right one. Carefully vet mediator candidates and conduct interviews if in doubt about a selection. These interviews can be conducted separately by each party counsel, together, or both. (Ex parte communications with a mediator before hiring and during a mediation are, of course, not only entirely permissible but a huge advantage. No one can ever talk with a judge, jury, or arbitrator ex parte.) Determine if the mediator candidate has the right style, temperament, time availability, dedication, and any other qualities needed for the dispute at hand. Will he/she dive into the details, express his/her point of view on the case at the right time and in the right manner, push the parties toward settlement? Or is the mediator likely going to be passive and just carry messages back in forth, in which case the parties might best be advised to save their money. And while always nice to hire a qualified mediator who is also a subject matter expert, if such a candidate is not available it is usually far more beneficial to hire a mediator with loads of experience mediating tough cases than it is to hire an expert in the field of law. The mediator can always be educated on the subject. After all, excellent judges try many cases where they have never had experience in the specific legal area before them.