Mediation Explained
Selecting a Mediator
Consider:
- Location of Mediator
- Select a mediator located in a region convenient to the parties
- Area of Law or Expertise
- If your dispute lies within a particular area of law or expertise, such as divorce, child custody, or commercial, choose a mediator with experience or expertise in similar types of issues
- Education and Professional Background
- This adds another dimension to mediation, for example, training as an engineer or architect
- Mediation Training and Credentials
- These are important features to be considered in selecting your mediator
- Trusting your Instincts
- Did you feel comfortable on your first contact with a particular mediator? Did he/she seem impartial and fair?
- References or Reputation
- A mediator with a reputation for competency, neutrality, and ability are important values
- Experience
- A mediator having experience with similar situations in type and complexity as yours might better assist the mediation process
- Culture
- A mediator possessing a similar cultural heritage (e.g. city, suburban, country or ethnic) may better understand the parties' issues
- Practical logistics
- A mediator who speaks the same language as the parties involved, or who has disability access, or quotes more reasonable fees, might be more attractive than other mediators
- Team Approach
- Is a team approach a better option? Many mediators work with co-mediators
- Contact more than one mediator
- Discuss what you are looking for with several mediators and determine what each mediator is able to provide
- Evaluation
- Evaluate how well a mediator might meet your needs. Did a particular mediator:
- Ask good questions?
- Put you at ease?
- Describe an approach that you think will work?
- Answer your questions?
- Appear to have the relevant experience and training?
How do I start the Mediation Process?
- Contact a Mediator listed in this website
- Contact a lawyer and refer him/her to this website
- Contact the other party and refer him/her/it to this website
How do I prepare for Mediation?
Before you attend the mediation meeting...
- Identify relevant issues to discuss
- Prepare a short Statement listing your concerns
- Seek legal advice beforehand on the probable outcome of litigation, to enable you to evaluate options that may be offered at the mediation
- List options which you might accept to end the dispute
- Prepare yourself mentally for mediation, keeping an open mind
What do I do at the Mediation?
At the mediation meeting, you should try to...
- State your precise point of view clearly
- Listen carefully without interruption to the other side's point of view
- Assess all options that may benefit you and the other party
- Comply with the mediator's directions outlining the steps in the mediation process
- Be willing to co-operate and be prepared to reach an agreement
