It may be difficult to select a mediator. The following questions are offered to help guide you to a mediator with whom you will be comfortable.

How experienced is the mediator?

People learn not only in class rooms but, at least as importantly, by doing. While experience does not guarantee the mediator is competent, it should be considered.

How sensitive is the mediator?

Ask the mediator about his or her values, difficulties in past cases, what he expects of him or herself and of you. Pay particular attention to how well your questions are answered. Does the mediator answer the question you have asked, or do you get a patterned response that does not address the question. Is the mediator willing to work with you in getting an answer that provides you the information you want, or does he or she seem impatient?

How well educated is the mediator?

While mediation is a profession, relatively few mediators have a degree in mediation. Other professions teach skills that relate to those required in mediation, the ability to think rationally and clearly, to be responsive to the particular needs of clients, to analyze information. Most family mediators have a background in law or one of the mental health professions. Others may have degrees in education, accounting, financial planning or human relations. While there are competent mediators without formal education in any of these areas, they need to be questioned more thoroughly regarding their experience. You should expect that all mediators would have had at least some training in mediation itself, and have taken continuing education courses on a regular basis.

How knowledgeable is the mediator about the law applicable to your dispute?

It is not necessary that the mediator be an attorney. It is important that the mediator have either been educated in the area of the law that is important to your issues, and/or that you have legal advice available to you and the mediator. It is essential that the mediator be comfortable with your having the right to any outside advice that you wish. If he or she does not allow this, you should be cautious before using that person as your mediator.

Is the mediator neutral?

Ask the potential mediator whether he or she has worked as a professional in any capacity with the other party, or friend, relative or associate of the other party. Ask whether he or she has had or expects to have any relationship with the other party or associate of the other party. The mediator should be willing to answer such questions fully.

Is the mediator active in any professional organizations of mediators?

Mediation is a demanding profession requiring continual growth of the mediator. The active involvement of the mediator in such an organization tells you he or she values continued learning, and subscribes to professional conduct as a member.

Are the mediators fees reasonable?

A mediator, as is the case with any professional, deserves to be paid. You are entitled to a clear description of the fees. Should they be greater than you are able to afford, tell the mediator. He or she may be able to work with you on a reduced fee basis.

Contact: Stanley L. Rodbell without obligation

(410) 730-2211 or srodbell@aol.com