Q: If I am the writer of a contract, do I get to choose who does the mediation in the event of a dispute?
A:
Probably not. If there is a mediation scheduled, both sides must agree to the Mediator, because the Mediator is supposed to be neutral. And, it doesn't matter who wrote the contract, as that will be an issue for the Mediator to interpret. However, you may have to deal with certain legal principles as the writer of the contract. For example, if any provisions in the contract are ambiguous or improper, they will usually be construed against you. That is because it is presumed that the writer of a contract understood what he was writing. If what is written makes no sense, those provisions may be construed against you.
I don't know any facts about your situation, but it is best to go into a mediation with an attorney representing you. You can probably find one near where you live. Good Luck.
A: No. As everything else in mediation, the selection of a mediator must be agreed upon by all parties to the mediation. If you cannot agree with the other party (which does not bode well for the success of the process) you can apply to one of the mediation groups or to court, and they will do it for you.
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