Selecting a Mediator
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 the mediator’s style and abilities. There are no universally recognized certification processes for mediators — they have different backgrounds and training. An advantage to 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 organizations in the community. Lawyers can refer you to experienced mediators as well.
- The Mediate BC Society maintains a province-wide list of mediators who have met minimum training and experience criteria and have subscribed to defined standards of ethical practice. Contact the Mediate BC Society 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.
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 appointed mediators and believe that they 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:
- calling the other parties to talk to them about mediation and explaining why it is an option to consider;
- arranging the first meeting; and
- providing a neutral location for the mediation.
- 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.
Mediators
For names of mediators in your area, contact the Mediate BC Society or check the telephone book for mediator service providers and mediation organizations.
