How to Choose a Mediator

1.  Think about what you want from mediation

Do you want a mediator who will make suggestions for possible ways to resolve your dispute, evaluate the strengths and weaknesses of your case, and help move you towards agreement? Or, do you want a mediator who facilitates negotiations, assists you in communicating your needs to the other people, works with you to develop options and make your own decision? Mediation types and mediator styles vary.  
 
You should speak with the mediator about the types of process and styles the mediator offers and determine what will work best for you. This should be done prior to engaging a mediator. 

You should also think about how important it is that the mediator be familiar with the subject matter of the dispute.  For certain types of issues such as divorce, mediators must be specially trained and knowledgeable about the issues involved.  For other types of issues, mediators who are skilled in facilitating the process will be most appropriate.

2.  Select at least three mediators to interview   

The Association for Conflict Resolution (www.acrnet.org) provides lists of members who specialize in workplace/employment or family mediation.  The Massachusetts Council for Family Mediation (www.mcfm.org) offers a list of mediators who practice family mediation. Ask friends, your attorney, therapist, or other professionals for a recommendation. 

3.  Interview the mediator and ask about the following:

• Resume or biography, promotional materials, sample memoranda and references (if available)  Note that many mediators may not be able to provide references from previous clients since mediation is confidential. 
• Training received and training provided
• Type and amount of experience
• Styles and types of process used
• What professional associations the mediator belongs to and what professional standards of practice the mediator adheres to
• What the mediator's knowledge and experience is of the subject matter of the dispute, if that is a concern
• Conflicts of interest such as previous personal or business relationship with anyone involved in the issue
• Cost of the mediation services

4.  Fees                                                                                                                                                                                            

Mediation is usually less expensive than litigation costs.  Mediators either charge a fee per hour or have a flat fee for a block of time.  Some mediators and programs have low cost or sliding fee scales for certain cases.  Any reputable mediator should be willing to discuss their fees and cancellation and other policies with you without hesitation.

5.  Make a Decision

Determine which mediator(s) you prefer and work with the other side to agree upon a mediator that works for both of you.  Please feel free to ask any mediator about selection methods.   Do not overlook the importance of your comfort level with the mediator.  Like with any other professional, being able to talk easily and freely with the mediator is a plus.

NE-ACR provides a Practitioner Referral Service for the public.  You may search this list for names of mediators in your area. 

Used with permission of author Ericka B. Gray