June 2000

Selecting a Mediator

This bulletin provides general information concerning mediation of disputes. For additional information that is specific to mediation of family disputes, you should also see the bulletin called Family Mediation.

When people are involved in a dispute, one of the options for resolving the dispute is mediation. Trying to reach an agreement through mediation is usually less expensive, less time-consuming and less adversarial than going to court.

If you decide to resolve your dispute through mediation, you will need to select a mediator. If you have not used a mediator before, you may be uncertain about where to look and what to consider in selecting a mediator.

A mediator is an impartial third party who has no connection with the parties to the dispute and no interest in the outcome. The mediator shapes the process, but the parties control the outcome. It is important to understand how mediation works and how it is different from the adversarial court process (litigation), and from other processes, such as counselling. For more information about the role of the mediator and the mediation process, see other Dispute Resolution Office bulletins, available from the Dispute Resolution Office.

Choosing a mediator is a critically important step in the mediation process. Because of the mediator's key role in resolving disputes, the parties must feel comfortable with and have confidence in his or her style and abilities. There are no universally recognized certification processes for mediators, and mediators have different backgrounds and training. One advantage of this diversity is that parties can use mediators with backgrounds and expertise in a variety of fields. When choosing a mediator, especially for the first time, it is a good idea to do some research before making a selection. Ask for résumés and references, and contact more than one mediator so you can make an informed decision.

Where to look

• Ask friends, business contacts, and even organizations in the community, if they have ever used mediation to settle a dispute. Ask if they were happy with the services the mediator provided.
• If you have a lawyer, he or she can refer you to experienced mediators.
• The British Columbia Mediator Roster Society maintains a province-wide list of mediators who have met minimum training and experience criteria and who have subscribed to defined standards of ethical practice. Contact the Dispute Resolution Office for more information about the society and the mediator roster.
• There are private mediation service providers as well as mediation organizations throughout the province that have their own list of mediators. Look in the Yellow Pages of the telephone directory under "mediators" for listings in your area.
• The Canadian Bar Association, B.C. Branch, has a lawyer referral program that includes lawyers who practise mediation. Call the lawyer referral program at 1-800-903-5300.

Factors to consider

• The mediator must not have any personal or business involvement with any of the people involved in the dispute.
• All parties should feel comfortable with the mediator and believe that he or she will be neutral in the resolution of the dispute.
• While often helpful, it is usually not necessary for the mediator to have expertise in the subject matter of the dispute. The mediator's expertise is in helping to manage the negotiation process.
• In addition to conducting the mediation, mediators can provide a range of services, including:

• Think about the services you require. For example, you might feel comfortable contacting the other parties or, if you have a lawyer, he or she may contact the other parties or their lawyers.

Questions to ask

Key questions to ask mediators include:

• What training have they received, and where? (Training should be through a recognized training institution, university, professional or legal organization.)
• How long have they been mediating? How many cases, and what types of cases, have they mediated?
• What standards of conduct do they abide by?
• What do they charge and what is included in the fee? How are travel, administrative time and clerical time handled? Do they charge for an initial consultation?
• Will they contact everyone who is involved in the dispute to organize the first mediation session?
• Can they provide a neutral location for the mediation session, and what is the charge for this service?
• Do they have experience in how civil cases are conducted in court?
• Do they think your particular dispute is suitable for mediation, or should some other dispute resolution option be considered?

Also ask any questions you may have about the mediation process.

For More Information

For more information on any of the programs described in this bulletin, contact:

Dispute Resolution Office
Ministry of Attorney General
PO Box 9222, Stn Prov Govt
Victoria, BC V8W 9J1
Tel: 250 356-8147
Fax: 250 387-1189
E-mail: AG.DRO.Victoria@gov.bc.ca
Web site: www.ag.gov.bc.ca/dro

Enquiry BC will forward long distance calls at no charge:
– in Vancouver, call 660-2421
– in Victoria, call 387-6121
– elsewhere in B.C., call 1-800-663-7867.

When you call, ask to be connected to the Dispute Resolution Office, Ministry of Attorney General.

Mediators

For names of mediators in your area, contact the British Columbia Mediator Roster Society, or check the telephone book for mediator service providers and mediation organizations. The British Columbia Mediator Roster Society can be contacted through the Dispute Resolution Office at the numbers listed on this page, or by e-mail at: mediators@mediator-roster.bc.ca

Or visit the society's Web site at: www.mediator-roster.bc.ca

June 2000
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