Mediation Checklist: Questions to Ask When Hiring Mediators

By Ikechukwu Onuoma Esq

Are you hiring a mediator? When considering a potential mediator, it helps to create a mediation checklist and ask the following questions of those who have worked with the mediator in the past.

Mediation checklist question #1: Does the mediator operate from an interest-based perspective?

A good mediator puts forth proposals that meets the interests of both parties. They don’t respond to irrational behavior, and they don’t make unilateral concessions in an effort to win one party over the other. Doing so will only encourage them to continue their bad behavior. After each meeting, they summarize what transpired ensuring everyone is on the same page.

Mediation checklist question #2: Did the mediator develop a relationship of trust and confidence with you?

Relationship building is key to integrative bargaining 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.

Mediation checklist question #3: Was the mediator creative?

Creative option generation is part of the integrative negotiations process. I like calling it Expanding the Pie…Integrative versus Distributive Mediation. In the Tendley Contract negotiation role play, creative option generation strategies are introduced as a core aspect of negotiation strategy, almost the most important. Other attributes of effective mediators include 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.

Mediation checklist question #4: Was the mediator patient yet tenacious?

Dispute resolution and conflict management sometimes requires a third-party neutral and, in the case of a mediator, one that is both flexible yet persistent in her pursuit of a resolution to the conflict. With parties in entrenched positions, mediators have to help ease each side towards tradeoffs and concessions that can pave the way to a negotiated agreement. Because mediators cannot impose settlements, they must rely upon a joint-effort by parties at the negotiation table. The virtue of patience and tenacity is therefore paramount for mediators.

Written By Ikechukwu Onuoma Esq, Managing Partner Obra Legal