Choosing a Mediator

Before you can start the process of mediation, you and the other party in the dispute must choose a mediator to oversee the proceedings and facilitate the discussion. Because people obviously respond differently to different methods and mediators are crucial to working out resolutions, some care will need to be taken when choosing a mediator. Here is an outline of the steps to follow when choosing a qualified mediator.

1. Figure Out the Results You Want From The Mediation Process

Deciding your goals for the mediation outcomes will help determine the qualities to look for in your ideal mediator. For example, while more involved mediators can be better suited for some mediation proceedings, others benefit from having a "hands off" mediator who doesn''t actively suggest solutions.

As you try to figure out your goals for the mediation process, ask yourself the following questions:

• Do I need a mediator who will stand up for me because the other party has more power or is better at arguing his point?
• Do I want a mediator who will stand back and let me talk out this dispute with the other party?
• Do I want a mediator who will suggest resolutions?
• How much can I afford to spend on a mediator?
• How much time do I have to resolve this dispute?

In cases where time and money are constraints, finding a more aggressive, involved mediator may be the best option, as (s)he is likely to move the proceedings forward towards a resolution.

2. Make a List of Possible Mediators

Once you know what you are looking for in the mediation process and your ideal mediator, start pulling together names of mediators. Ask friends, family and co-workers if they have any recommendations or possible referrals. Similarly, you can search the Internet for directories or organizations of local mediators.

3. Evaluate Each Mediator

After compiling a list of mediators, do some research to find out more about the skills, qualities, knowledge and experience of each mediator. While some mediators will have resumes and information posted online, you may have to call others and request them to send you pamphlets and resumes for your evaluation process.

As you go through the information for each mediator, take special note of the mediator''s:

• affiliations: Some mediators may be members of locally or nationally-respected mediation organizations. Such affiliations can indicate that mediators are experienced, professional and respected within their industry.
• experience: Pay attention to how long the mediator has been practicing mediation, as well as the number and types of mediation cases he has conducted in the past. Be sure to choose a mediator who has experience dealing with cases similar to yours.
• training: Determine whether or not the mediator has completed workshops, apprenticeships or training courses that will make him a better mediator. Similarly, note if the mediator has gone to college and completed an alternative dispute resolution (ADR) mediation degree or other related degrees in mediation.

4. Meet and Speak to Potential Mediators

Once you review the qualifications of potential mediators, narrow down your candidates and make appointments to meet them. If you have an especially tight schedule and can''t make time to meet mediators in person, give them a call and try to get an initial consultation. If possible, avoid email, as this means of communication won''t tell you as much about the personalities and styles of mediators you are considering.

Choose a mediator with whom you get along and with whom you can work. Being able to communicate with and trust your mediator is key to successfully getting through the mediation process.

5. Choose a Mediator

After doing all of the above legwork, you will be ready to choose the right mediator for you. The best mediator to preside over your dispute will be one with mediation experience, knowledge and qualities that will help you and the other party identify the main issues and agree upon a suitable resolution to your dispute.

Resource

Mediate.com (n.d.). Five Steps to Choosing a Qualified Mediator. Retrieved March 12, 2008 from the mediate.com Web site.