Understanding the Importance of Mediator Selection
Not all mediators are the same! In fact, no two mediators are alike. Each has a unique combination of personality, styles, experience, practice areas, knowledge, skills, and other competencies. When these attributes align properly with your case, they can significantly maximize your chances of resolving a dispute successfully and quickly.
The selection of a mediator is one of the most crucial decisions you’ll make in your dispute resolution journey. While the court system often provides a list of approved mediators, simply choosing the first name on that list may not serve your best interests. Taking time to find the right mediator can dramatically impact the outcome of your case.
Types of Mediators: Understanding Your Options
When searching for a mediator, it’s important to understand the different backgrounds and approaches mediators bring to the table.
Attorney-mediators represent a small but growing percentage of professionals handling mediation issues. Their primary education is in law, with additional training in conflict resolution. Attorney-mediators typically charge attorney rates and may bring a more legally-focused approach to mediation.
In contrast, professional mediators often undergo years of education in Alternative Dispute Resolution (ADR), training, and experience to expertly assist parties in identifying the major obstacles preventing resolution. Their primary responsibility is improving communication and facilitating agreements that benefit both parties.
What Makes a Good Mediator?
The ideal mediator for your dispute will depend on your specific circumstances, but certain qualities are universally valuable:
A skilled mediator provides a forum that allows parties (and their attorneys or support individuals, if present) to discuss their dispute and related concerns. These discussions may include everyone in the same room, or the mediator may speak with each party separately. The mediator also ensures parties provide all documents, forms, or other materials needed to reach an agreement.
Professional mediator rates can be a third of the cost of hiring an attorney, making them a cost-effective option for many disputes. A skilled mediator listens to all sides without taking positions, considers new information without judgment, and offers encouragement without imposing their own biases.
Remember that studies show disputes often have little to do with legal issues and everything to do with money, relationships, or unmet demands. Parties in conflict frequently seek to have their perspectives heard by the opposing side—something they may have avoided out of fear of confrontation.
How to Prepare for Mediator Selection
Preparation is key to finding the right mediator for your dispute:
Traditionally, parties have relied on recommendations, word of mouth, hearsay, and short biographies that usually only capture what mediators think about themselves. While useful, these sources are often not objective or reliable, and may provide an extremely narrow selection base.
Consider using resources such as the International Mediation Institute (IMI) at https://imimediation.org, which maintains profiles of certified mediators with independently-prepared feedback digests summarizing previous users’ experiences with that mediator.
The Feedback Digest gives potential users unique insight into the competencies and characteristics of individual mediators. When selecting a mediator, you need assurance that the person is not only highly competent but also that their personality and attributes are ideally suited to your case and to the needs and dynamics of all parties.
The Benefits of Effective Mediation
Choosing the right mediator can lead to numerous advantages:
Mediation allows you to have more control over the outcome of your dispute. It can help identify solutions and address issues not included in the formal case. An agreement created by you and the other party is more likely to meet your needs. By settling without trial, you eliminate the risk of losing your case or receiving a less favorable judgment.
Additionally, mediation saves money and time that a trial would require. Courts often provide mediation services at no charge, or for fees significantly lower than trial costs.
Qualified, experienced, impartial mediators have no vested interest in the outcome, yet manage to earn the confidence and respect of both sides because their objective is not winning but resolving the dispute.
How to Prepare for Mediation
Once you’ve selected your mediator, proper preparation is essential:
Before the scheduled mediation, contact the court’s mediation services to inquire about the expected duration and plan accordingly. Ask what documents and forms you’ll need and whether you should provide them in advance. If you’re concerned about possible violence or coercion from another party, inform the mediator so appropriate safety measures can be implemented. You can participate in mediation without even seeing the other party.
If you have legal representation, consult with your attorney before the mediation date. Determine your goals, identify what has prevented settlement, how you’ll evaluate offers presented, what the other side likely needs to resolve the case, and who should attend the mediation. Evaluate your case’s strengths and weaknesses, the costs of going to trial, and the potential risks of litigation.
Making Your Final Decision
When making your final mediator selection:
Use search parameters to narrow your selection according to required language, style, and specific practice area (if experience in a particular field is critical). This will produce a list of mediators meeting your criteria. You can adjust parameters to view options based on different criteria, then create a shortlist and compare the full profiles of those selected.
Consider suggesting several alternative mediators to the other side, perhaps even inviting them to select their preference. This collaborative approach can make it easier to proceed to mediation.
For more information about mediation in Ohio, you can visit the Ohio State Bar Association website at https://www.ohiobar.org or the Supreme Court of Ohio’s website at https://www.supremecourtofohio.gov/JCS/DisputeResolution.
Take Action Now
Mediation offers a faster, more economical, and often more satisfying resolution to disputes than traditional litigation. Mediators don’t fix disputes; they present people with the tools needed to find their own answers. When parties have the freedom to work out their differences themselves, they’re more likely to abide by the agreement’s provisions. A productive mediation session can establish a foundation for cooperative, non-confrontational dispute resolution—less expensive, quicker, and confidential while preserving relationships and giving clients greater flexibility and control.
Don’t wait until conflict escalates further. Contact our law firm today to discuss your situation and receive guidance on selecting the right mediator for your specific dispute. Our experienced attorneys can help you navigate the mediator selection process, prepare effectively for mediation, and achieve the best possible outcome for your case.
For additional resources on choosing mediators, visit Mediate.com at https://mediate.com, which offers articles, directories, and expert advice on all aspects of mediation and dispute resolution.
