Conflicts are stressful and can impact your daily routines. You want to get past your conflict and get on with your life. Mediation has increasingly gained traction and is becoming an important alternative for settling disputes. There are lots of practicing mediators and selecting the right one for your situation is critical. To assist you, here is a checklist to help you in your pursuit of the best mediator for your needs:
Orientation Session
Some mediators offer an introductory session (generally of 15-minute duration) after which the involved parties decide whether to continue. You should be clear on whether the orientation session is offered at no cost, or at what cost.
First Impressions
Talk by phone or web meeting to observe the mediator’s interpersonal and professional skills. An effective mediator would demonstrate neutrality, emotional stability, maturity, integrity and sensitivity. Also look for their ability to listen and ask the right questions to get to the heart of the issue.
Credentials Count
Some mediators receive formal classroom-style training, some participate in mentoring programs. Most educational institutions also offer mediation courses. York University, for instance, offers a wide variety of highly recognized dispute resolution courses as does Humber College. Many institutes offer programs to continually upgrade professional development. The ADR Institute of Ontario is well-known for its frequent seminar and webinar presentations.
Other Considerations
Find out if the mediator carries professional liability insurance covering mediation. Is the mediator certified and, if so, by whom (e.g., Qualified Mediator or Chartered Mediator designation from ADR Institute of Ontario)? Certification usually shows the mediator has completed a specific amount of education and training. Does the mediator belong to a national or local mediation organization (e.g., ADR Institute of Canada and ADR Institute of Ontario)?
Confidentiality
The mediator should explain confidentiality of the process and may have a written confidentiality agreement for you and the other party to read and sign.
Cost
Does the mediator charge by the hour or the day? Often mediators would quote a price for a three-to-four hour session during which they would hope to conclude the process. The mediators’ fees vary greatly and generally start around $500-600 plus HST per session. Some mediators also offer pro bono services. Due to the Corona situation, most mediators are opting to conduct mediation virtually. Do let the mediator know if you prefer in person mediation over virtual.
Bottom Line
You would want to make sure that the mediator understands your goals and expectations. What’s the nature of your case and what you want to achieve from mediation? Will your case be handled promptly and professionally? You are aware of your strengths and weaknesses, and probably those of the other party. Would the mediator help you stand your ground if there is a power imbalance between you and the other party? And, once you have a resolve to resolve, you are half-way there already. Good Luck!
