FINDING A MEDIATOR

I’ve received requests asking where to find a qualified mediator. There is no national training requirements nor credentialing for mediators. The qualifications vary widely from state to state so there is no national registry for mediators. Generally, then, the following are sources to consider:

1. Mediators affiliated with a community program. Most community mediation centers have their own training and experience standards for their mediators. Search the internet for the nearest community mediation program.

2. Private mediators are individuals who offer their services to the general public. In general, there are no training nor certification requirements to be a private mediator. Many publicize their services on the internet.

3. Mediators listed through national and state nonprofit professional organizations. Some of these organizations do set training and experience requirements to be listed in their directories, but the requirements will vary from group to group.

4. Mediators listed on commercial directory websites. Many of these also do set training and experience requirements to be listed on their websites, but the requirements will vary. The most well-known is mediate.com.

My guideline for selecting a mediator is the number of sessions the individual has conducted as a mediator or co-mediator including, of course, volunteer dispute resolution. All things considered, I put the most weight on experience.

Some mediators will advertise a “success rate.” By that, they mean what percentage of their mediations resulted in agreements. If a mediator tells you they have a 95% success rate my concern is how much was that person forced a positive outcome in order to maintain a high settlement rate. In other words, was the mediator not honoring the ethical standard of self-determination to have such results.  

You can’t evaluate a mediator by their fee. Most mediation is of no or low cost to the participants. Community mediation centers provide services on a sliding scale or at low or no cost. Some of the very best mediators I know don’t charge at all because they are volunteers.

In mediation you will often get much more than what you pay for.

Peter Costanzo
MORE ON MEDIATION NEEDS DURING SHELTER-IN-PLACE

Recently, I highlighted the growing need for landlord-tenant mediation during our current times when some states have prohibited evictions resulting in both residential and commercial tenants struggling to pay rents.

Another growing concern regarding shelter-in-place is the stress the confinement can put on relationships. For many, it’s not only the stress of the limited outside activities, but also the stresses that can arise from economic uncertainties, home schooling, working at home and the fears arising from a variety of unknowns.

Community mediation centers are available to help families and friends using videoconferecing as a way to better deal with day-to-day conflicts.

One example is Humboldt Mediation Services in California, which offers mediation on a sliding scale. When someone calls or contacts them through their website, the case managers first interview the parties individually via videoconferencing and coach them on how to make the best use of mediation. Many people who call haven’t had experience with this method before. After the individual meetings both parties videoconference with the mediators who guide the participants through the mediation process and assist in preparing a written agreement.

The parties who complete the videoconferencing sessions find its immediate availability a major benefit compared to in person because it can be less stressful, far less expensensive and increase the opportunity to preserve a relationship.

Videoconference mediation is not new. It has been long been used, for example, when one spouse is threatened by the physical presence of the other. In those cases, the technology made it possible for the parties to meet. It has also been used for years when the parties are separated geographically and a face-to-face meeting was not possible.

So, with all this in mind, I encourage people who are seeking help to deal with conflicts resulting from the stresses of confinement, to reach out to independent and communication mediation services who can offer this screen-to-screen option.

Peter Costanzo