When 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

Trust 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

 


Mediation Explained

Click the links below for more information.

WHY MEDIATE?
WHO ARE MEDIATORS?
WHEN SELECTING A MEDIATOR
WHAT IS MEDIATION?
MEDIATION COSTS
WHEN NOT TO MEDIATE