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What is a Mediator?
A mediator is a neutral third party trained in conflict resolution. A mediator’s goal is to help people communicate and find common ground , even when it seems impossible for any agreement to be reached. For mediation to be effective, you should feel comfortable with your mediator and be able to talk openly about your needs.
- Mediators come from all walks of life, with diverse backgrounds and experiences.
- Experience and training in mediation are key.
- A good mediator actively listens and keeps the discussion moving.
- Mediators must keep information confidential.
Finding a Mediator
- Family Disputes in Court: For a family issue that is already in the courts, contact a Family Court Coordinator.
- Non-Court Cases: For disputes that are not part of a court case, contact the Mediation and Conflict Resolution Office or search the on-line Dispute Resolution Practitioners Directory.
- Business Disputes: If a dispute involves a business, check with the Better Business Bureau, which provides an arbitration and mediation program for cases involving it's members.
- Neighborhood or Community Conflicts: If a dispute involves your neighborhood or community, consider contacting one of Maryland's Community Mediation Centers.
Learn more about finding a mediator.
Mediation Part 2: How Do I Find a Mediator? from the Maryland Courts
Selection Criteria to Consider
Location and Accessibility
- Will multiple sessions be needed?
- Can the mediator travel, if necessary?
- Is the mediator’s office conveniently located for all parties?
Subject area experience
If your dispute is in a particular area such as divorce, business, or environmental issues, you may want to choose someone with experience in similar types of issues.
The views on the importance of subject area experience vary to include:
- The belief that it is important that the mediator know something about the subject matter of the dispute.
- The belief that subject matter experience is not of primary importance except in specialized areas like environmental, domestic, or highly technical types of disputes.
- The belief that, as long as the mediator is well trained in the process of mediation and has experience as a mediator, it is not important that the mediator have subject matter experience in the area of the dispute.
Determine how important subject matter knowledge is to you. Discuss this question with prospective mediators.
Alternative Dispute Resolution (ADR) training and credentials
Look at the types of training the mediator has completed. Ask about the mediator’s training in Alternative Dispute Resolution (ADR). The Voluntary Maryland Standards do not suggest specific levels of experience of training, except for those in court-connected or other forms of mandated dispute resolution.
Education or professional experience background
In addition to training as a mediator, other qualifications may add another dimension to the dispute resolution process. For example, does the mediator have a background in dispute resolution as an attorney, social worker, or teacher? Does the mediator have technical expertise as an engineer, small business owner, car mechanic, house inspector, or non-profit manager.
Experience with similar situations
Consider the type and complexity of your situation and whether the mediator has handles similar situations. This may be particularly relevant to businesses considering the use of mediation.
Mediation style and approach
There are several approaches that a mediator might use. Some are more passive, and let the parties guide the process. Others are more involved and propose options. Talk to the mediator about how they typically conduct sessions and what to expect. Learn more.
Trust your instincts
- Do you feel comfortable with the "neutral" person?
- Was the person willing to speak with you, answer your questions, and give you the information you requested?
- Do you feel the person will be impartial and fair?
- Are you satisfied the mediator has the skills and style you want? If not, look for someone else.
References or reputation
You can ask for references from previous clients to see if the mediator has a reputation for competency, neutrality, and the ability to create an effective dispute resolution process.
NOTE: Mediation is confidential, so some mediators may not have clients who have agreed to be a reference.
Fees
Most mediators charge a set fee per hour. Some only charge for the time they are mediating, while others charge for preparation time and travel. Ask whether the fee includes only mediation time or also preparation and travel.
Many will request payment for a certain number of hours of mediation before the mediation begins or full payment at the time of mediation. Ask if the fees will be split between the parties.
Other Things to Consider
- Would a team approach work best? (Many mediators work with co-mediators.)
- Cultural differences (e.g., urban/rural, generational/cultural difference, or professional affiliations, etc.)
- Practical logistics (e.g., language, disability access, etc.)