FINDING YOUR MEDIATOR MATCH
Finding a mediator can be a daunting process. When it comes to mediation, it's understandable to feel overwhelmed by the process. Choosing the right mediator can be crucial to reaching a settlement, and there are many factors to consider. Here are some tips to help you select the best mediator for you:
FIND YOUR STYLE
There are three general kinds of mediators: facilitative, evaluative, and transformative. Some mediators will use a mix of the types and others will favor one style over the others. What matters most is finding the style of mediation that is most effective for you.
Facilitative mediation is ideal if you want to have more control over the outcome of the mediation process. This style of mediation is often used in cases where the parties have a good working relationship and are willing to work together to find a solution.
Evaluative mediation can be helpful if you are looking for an objective opinion on the strengths and weaknesses of your case. This style of mediation is often used in cases where the parties have a more adversarial relationship and need an outside perspective to help them reach an agreement.
Transformative mediation can be a good choice if you are looking to improve your communication skills and build a stronger relationship with the other party. This style of mediation is often used in cases where the parties have ongoing contact with each other, such as co-parenting situations.
CONSIDER THE OTHER PARTY’S CHOICE
While it may sound counterintuitive, allowing the other party to select the mediator can be beneficial. Firstly, it shows that you are open and willing to listen to the other person's perspective. By giving them the power to choose the mediator, you are demonstrating your willingness to work together to find a solution. It can also make the other person feel more comfortable and in control of the situation, which can lead to a more productive mediation process.
Secondly, the other person may have someone in mind who they believe would be particularly effective in mediating the conflict. This person may have experience in dealing with similar situations or may have a personality or communication style that would be particularly effective in facilitating a productive conversation.
Finally, allowing the other person to select the mediator can help to build trust and establish a positive relationship moving forward. By demonstrating your willingness to work together and your commitment to finding a solution that works for both parties, you can help to create a more positive and productive environment for resolving conflicts.
FEES
Time is money. Literally. If your chosen mediator’s hourly rate means you’re restricted to only one or two sessions, then they may not be the mediator for you. Cases often settle after several mediation sessions, not just one. And if you’re watching the clock instead of focusing on the issues at hand, you’re not going to be getting the most out of your money.
AREA OF EXPERTISE
Selecting a mediator can heavily impact the outcome of your case. It's important to find a mediator with the relevant expertise and experience to ensure their ability to guide you towards a favorable resolution. For instance, if you're dealing with a landlord-tenant conflict, it's best to seek out a mediator who specializes in this area to provide you with specific and valuable advice.
It's also worth noting that many mediators are experienced attorneys. This is advantageous, as they're familiar with the legal system and can provide valuable insights on how your case might be viewed by a judge or jury. If your mediator is evaluative, they can assess the strengths and weaknesses of your case and provide informed opinions on the likelihood of success in court.
TRUST YOUR GUT
Finding a mediator that you feel relaxed with can make a significant difference in the outcome of the process. Keep in mind that a successful mediation outcome relies partly on your willingness to be open and honest during the sessions. Most mediators will conduct an initial intake session or consultation, which gives you the opportunity to speak with them one-on-one and ask questions about their process and style.
The right mediator can make or break the success of your case. Researching and selecting a mediator with the appropriate skills and experience is crucial to increase your chances of achieving a positive outcome. Whomever you ultimately choose, remember that a successful mediation starts when parties come to the table with open minds. Happy searching!