Choosing a Mediator
Posted by Site Staff on Tuesday March 11, 2008
There are various ways in which to choose a mediator. One can go to the local Yellow Pages and check under “mediators” or “mediation services”. Going on-line through a search engine for “mediators” or “mediation services” is feasible. The best way(in this writer’s opinion) is “word of mouth”.Ask your friends, colleagues, family, doctor, attorney or accountant for the name of a competent, experienced mediator. Inquire (through a personal meeting) what the potential mediator’s style is. Does the mediator use an evaluative style or facilitative style. Does the mediator provide or suggest ideas,options or conclusions during the session. The newsletter’s position is that parties are better served with a mediator using the facilitative approach, encouraging or lightly making suggestions but that is it. The process belongs to the parties not the mediator who should be a guide and to a small degree a referee. (Muscle mediation) or the mediator pushing parties into options and an agreement is not good. The facilitative style allows parties to come to their own conclusion. The mediator assisting parties through stages,encouraging open, continuous communications is best.
Another style a mediator can practice is the”evaluative” style wherein the mediator takes it upon himself/herself to evaluate the dispute, applying the conclusion they see as best, making suggestions per that conclusion. Locate a mediator who utilizes both styles during the session. The task of finding a mediator who will put forth a session satisfactory to the parties requires work, cooperation between the parties and optimally a personal interview with potential mediators. It is important parties decide what their goals are and what they want from mediation. This will help guide them.
While considering the above instruction make a list of possible mediators. Scheduling is important. Parties should not sacrifice their schedules or desired time line. Understandably parties want the most experienced mediator feasible. This may become a balancing act as the most experienced mediators can be the most busy with crowded time schedules. The parties must look at this issue closely by questioning the mediator. Should a quick mediation be necessary then this becomes part of the decision process. The attitude of the potential mediator regarding session time must be looked at. In this question is also the matter of the mediators style. Will enough time be allowed for the parties to fully explore opening statements, needs, desires, brainstorming, option creation, option elimination and a full, joint discussion toward a conclusion.
Whether and how the possible mediator uses caucus must be discussed. Some mediators rely on the caucus and utilize same; others range from no use to little. Parties should know what how caucus is used. and how often. Requesting information regarding mediation liability insurance has a multiple purpose. In this writer’s opinion professionals who give added protection to their clients perform better in mediation. This is not to say they are more competent; these mediators generally are more experienced,and busier. It is relevant and alright to ask a potential mediator how long they have practiced and how many mediations they have been involved in. Speaking with a prospective mediator one has an opportunity to judge interpersonal communication skills and asses one’s comfort level with that person. Should a personal interview not be possible the next best alternative is a telephone conference.
Parties placing emphasis on the choosing of a mediator and working at this task will be happy they did. Regarding fees and costs parties must have a clear understanding what they are. Does the mediator charge by the hour,day or case? How much is the prospective mediator charge by the hour, day or case? This must be abundantly clear preferably in a Written, signed document. Mediators do not have power to assess costs or fees therefore (ironically) it is up to the parties prior to mediation and before choosing a mediator to decide the financial responsibility of each. This requires communication and agreement prior to the session.
The agenda then for choosing a mediator at the least should be:
- Finding prospective mediators-listing them; obtaining credentials
- Interviewing prospective mediators-personally or telephonically
- Asking about style, Facilitative-Evaluative
- Asking about caucus usage.
- Costs-parties should inquire early on.
- Insurance
- Scheduling
- Interpersonal communication style
- Comfort level
- Choosing
The parties as discussed must cooperate here,set their own agreement regarding cost sharing and feel comfortable with the choice. During the mediation session itself is no time to question the choice possibly creating animosity in addition to the dispute. In the first or second step parties should be asking around with regard to the competence of the particular potential mediator.
Parties working at this task will be more satisfied with the mediation session.
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