When facing a dispute, whether it’s in business, family matters, or any other area of life, mediation can be a highly effective way to find a resolution outside of the courtroom. Mediation offers parties the opportunity to craft their own solutions with the help of a neutral third party—the mediator. However, not all mediators are the same, and selecting the right one can greatly impact the success and satisfaction of the mediation process.
Here are some key considerations when choosing a mediator for your dispute:
The first thing to look for when selecting a mediator is their qualifications and training. A competent mediator should have specific training in mediation techniques, conflict resolution, and preferably, knowledge or experience in the area of your dispute. Look for mediators who have received accreditation from reputable organizations or have certifications in mediation.
Experience is crucial in mediation. A mediator who has successfully handled cases similar to yours is more likely to understand the nuances of your situation and guide the process effectively. Ask potential mediators about their experience with cases like yours and inquire about their success rate in reaching agreements.
One of the core principles of mediation is neutrality. A good mediator should not take sides or favor one party over the other. They should remain impartial throughout the process, helping both parties communicate effectively and work towards a mutually acceptable solution. Look for reviews or testimonials that speak to the mediator’s impartiality.
In some cases, refusing mediation may be a strategic decision based on protecting one’s legal rights or establishing precedent. If a party believes they have a strong legal case and is seeking a clear judicial ruling or precedent-setting decision, going through mediation could undermine that goal.
For example, a company facing a lawsuit over a contractual dispute may refuse mediation if they believe they have a strong legal position and want a court to provide a definitive ruling. Opting for mediation in such a case could be seen as a sign of weakness or a willingness to compromise legal principles.
Mediation hinges on effective communication. A skilled mediator should be an excellent listener, able to understand the underlying interests and concerns of each party. They should also be adept at facilitating constructive dialogue, managing emotions, and maintaining a respectful atmosphere. During initial consultations, pay attention to how comfortable you feel communicating with the mediator.
Every mediator has their own style and approach to mediation. Some may use more evaluative techniques, offering opinions on the strengths and weaknesses of each party’s case. Others may take a more facilitative approach, focusing on guiding the conversation and empowering parties to find their own solutions. Think about which style aligns best with your preferences and needs.
Mediation is a collaborative process, and it’s essential to feel comfortable with the mediator you choose. Trust is key to open and honest communication during the sessions. If something feels off or if you don’t feel a connection with a potential mediator, it’s okay to explore other options.
“Selecting the right mediator for your dispute is a critical step towards a successful resolution. By considering factors such as qualifications, experience, neutrality, communication skills, cost, style, references, and personal compatibility, you can make an informed decision. Remember, the goal of mediation is to find a mutually agreeable solution, and the mediator you choose plays a significant role in achieving that goal. Take the time to research and interview potential candidates to ensure you find the right fit for your unique situation.”
Kristi Paulson | PowerHouse
Empowering Resolutions, Crafting Solutions: Your ADR Partner, PowerHouse Mediation, Arbitration & Dispute Resolution Services.
