The best referrals are often by word of mouth from someone you know, who has actually experienced a mediator’s performance. You can also search mediator professional organizations. Many mediators are willing to travel.
Know what you are looking for in a mediator. Develop a list of criteria of what you desire in a mediator. Here are some considerations:
- Roles of Mediators Do you want the mediator to be in the driver ‘s seat or do you want to be in control?
- Directive mediators control the mediation, having parties explain to the mediator their perspectives. The mediator evaluates the dispute, recommends solutions and urges parties to accept settlement terms.
- Facilitative mediators invite parties to share their perspectives with each other. The mediator empowers parties to identify, clarify, create and analyze options, while supporting parties’ selection of solutions.
- Mediation Model predominately used by the mediator may be
- Position-based which addresses statutes/regulations/contracts, power or rights-based issues.
- Interested-based delve beyond upfront stances to identify underlying needs, desires, fears and concerns.
- Mediation Process used by the Mediator
- Caucus – most of the mediation time, parties are separated in different rooms with the mediator going between parties to present information and negotiate terms.
- Joint – most of the mediation time, the mediator(s) and parties are together in the same room to directly communicate with each other. The mediator facilitates the parties’ conversation.
- Mediator Competence
- Education and Training
- Completion of Training Certificate means fulfilling a quantity of training hours (you may also want to inquire whether the training was in a classroom or online)
- Professional Mediator usually includes fulfilling education and experience standards
- Certified Mediator Certification involves demonstration of knowledge and skills against written performance standards in addition to training and experience requirements. There is usually a written assessment, video or observation, interview, exam or essay.
- Expertise in Dispute Content
- Formal training in the area of your dispute content (Divorce, HOA, Elder Care, Workplace, Faith, Restorative Justice, …)
- Experience the number of cases and hours that the mediator has mediated in similar disputes
Additional Notes:
Many mediators are confused about the differences between being certified and receiving only received a completion of training certificate. You may need to ask clarifying questions to ascertain their credentials.
Mediator training and experience does not necessarily insure competence nor guarantee quality mediation.
Interview Mediators on Your Selection List
Many mediators offer a free consultation to discuss the above criteria. This is an opportunity for the parties and mediator(s) to see if you are a good match.
The following are some interview questions:
What is your mediation training and experience?
What training and experience do you have in the area of expertise (divorce, HOA, workplace, elder care…) that I am needing?
How do you see your role as a mediator?
What mediation model do you subscribe to?
What mediation process do you use?
What are your fees?
Does this include a co-mediator or one mediator?
How soon will I be able to schedule a mediation?
Do you have a current background check?
Have you had any formal complaints against you as a mediator with any
Professional or licensing organization?