When considering a potential mediator, ask the following questions of those who have worked with him in the past.
- Does the mediator operate from an interests-based perspective? (See Also: Salvaging the Deal)
- Did the mediator develop a relationship of trust and confidence with you? (See Also: Relationship Rules and Business Negotiation)
- Was the mediator creative? (See Also: Expanding the Pie – Integrative versus Distributive Negotiations)
- Was the mediator patient yet tenacious? (See Also: Using Mediators to Resolve Disputes)
- Would you hire this mediator again? (See Also: Navigating the Mediation Process)
Aled Davies /
Some useful questions to ponder when hiring a mediator, it might also be helpful to clarify the term interests-based and how would you know that was the case. For me, I'd want to know that the mediator remained curious and explored deeper into the concerns of the parties. Mediation is effective because a mediator explores interests rather than accepts on face value the positions of the parties, which would inevitably lead to intransigence and the reason why they are choosing mediation over other formal processes. The interests of the parties represent the things that matter most for the parties - exploring these are a fundamental aspect of mediation. Developing a relationship of trust and confidence is a skill that every mediator must cultivate in order to create an environment where parties can be vulnerable in a conversation and feel safe doing so. There's an insightful interview with David Richbell, one of Europe's leading commercial mediators where he talks about the qualities of an effective mediator. He asserts that one's capacity to build trust quickly will often distinguish one mediator from another, well worth watching if you want to understand more about choosing effective mediators. Hiring a Mediator Other attributes of effective mediators include creativity, tenacity and patience. I would say the mark of an effective mediator is one who can bring out creativity in the parties, who are often fixed in their perspectives. No mention of fees though!