Why choosing the right Mediator matters.
As with most things in life, making informed choices is a key essential to any outcome. Everyday decisions such as eating a healthy diet, exercising, managing stress and balancing busy schedules become so much easier when knowledge of the options, as well as the consequences, can be incorporated into the process. Choosing the right mediator is central to achieving end goal. The pressures of just being involved in a dispute can weigh heavily on anyone. That is why it is critical to select a mediator to a successful conclusion. Here are some things to consider.
Mediation is a private, voluntary process used by disputing parties as an alternative dispute resolution forum. As such, the mediator is a neutral the parties through the mediation process. Since the parties must agree to mediation in the first place, it is important that everyone involved is confident with the selection and engagement of the mediator. Evaluative mediators can be supportive in helping parties understand their circumstances and considering a wider scope of information. Mediators can point out strengths and weaknesses in either side’s position, and how other forms of dispute resolution, such as litigation, may turn out. This method can be beneficial where there are unrealistic expectations, or a “winner take all” goal.
Transformative mediation seeks to embrace both focusing on empowering the parties to actively negotiate towards a mutually beneficial resolution. This format focuses on each side’s need to be heard, recognized and their respective points of view taken into consideration. Enabling the parties to understand other’s objectives can be particularly helpful when an relationship, such as co-parenting, is desired. It is important to understand your personal, emotional and psychological needs in working towards a resolution.
Subject matter knowledge is fundamental in disputes that involve specific industries, markets, regulations or niche fields. A mediator who is familiar with the language and nuances of specialized businesses, asks better questions, can identify specific issues, recognize leverage points and provide more directed guidance to the parties. The ability to cut through to the heart of the matter may result in reduced time and costs and an overall enhanced resolution.
Here are some key things to consider when determining to engage a Mediator.
Does the Mediator have background or experience in the subject of your dispute? If so, you can be more confident that the direction of the mediation process will be more focused from the onset.
Are you looking for a Mediator to assist you, the parties, in coming to mutually agreeable terms among yourselves and memorializing the terms? A cooperative resolution can be handled expeditiously and cost efficiently.
Are you uncertain about your options, looking for some guidance on problem solving and coming to an agreement everyone can live with? The stress of being involved in a dispute can often cloud decision making and compound frustration. Engaging a Mediator to help the parties explore each sides’ interests and needs with the aim of being recognized and understood can lead to a “win / win” solution.
What will be expected of you [the parties] in the process? It is important to understand that you are part of the solution and decision making in any format of the mediation process. You must be open to and trust in the process, be prepared to provide full disclosure and be willing to listen and be heard. Communication is the key to successful dispute resolutions.
How will the process be structured? Typically, there will be initial communications with the Mediator to confirm the matter is suitable for mediation. Then, the Mediator may request supporting documentation or information in advance of any scheduled mediation sessions. This will enable the Mediator to become familiar with the facts in order to make the mediation sessions as productive and accretive as possible. In person or virtual sessions are usually two to three hour time blocks as needed. This helps to keep the participants focused and on topic; and not place any excessive time commitments onto people juggling busy lives.
How will the fees be structured and who is responsible for payment? Mediators can provide one or more fee agreement proposals depending on the nature and complexity of the disputed matter, outlining the various services to be provided. The parties can then select the most appropriate option, as well as determine how the cost for services will be divided among the parties.
