Footnote 283

See CPR Institute, supra note 111, app. G at 446. UPS also specifies: "[Y]ou [the employee] have the right to participate in the selection of the mediator from a list provided by an outside mediation organization of your choice." Id. (emphasis added). If the employer insists on using the same mediation provider or providers all the time, there is a risk that individual mediators furnished by that organization will be, or seem to be, biased in favor of the employer. Hence, the UPS approach, allowing the worker to choose the company furnishing the mediator in her case, has much to commend it.