© John Lande 1984. Permission to copy granted if copyright notice is retained for credit.
Mediation is a process designed to give people more choices about how they resolve their disputes. If you are new to mediation, the following questions may be useful in deciding whether to use mediation, and if so, which mediator.
1. How do you describe your goals in mediation? (Examples include reaching agreement, compromise, satisfaction with the fairness of the process and results, meeting each participant’s needs, empowering participants.)
2. How many meetings do you normally use and how long are the meetings?
3. Can you schedule meetings to accommodate my needs? (Such as nights, weekends, longer meetings, irregular schedule.)
4. Is your process confidential and impartial? (Specifically, will you disclose information to outsiders, testify in court, or represent one participant against another participant?)
5. Do you meet separately with individual participants? (This practice is sometimes called a “private caucus.”)
6. Do you deal with the underlying conflicts between participants in addition to the specific problems the participants come in with?
7. Do you work alone or in a team with another mediator?
8. What training and experience have you had in mediation and the kinds of issues involved in my case?
10. How much does your service cost?
11. What is and is not included in your services? (For example, will you draft the agreement?)
There are no “right” answers to these questions because each situation is different. In making choices about mediation, after talking with a mediator, ask yourself whether you felt that s/he has the necessary skills and experience, that s/he listened sympathetically and understood you, and whether you would feel comfortable working with him or her.
