Mediation is a rapidly growing phenomenon because of the many benefits that it offers to parties in dispute.  As a result, there is corresponding growth in the number of people who hold themselves out as qualified mediators.  Because the expertise and experience of mediators can and does vary greatly, it is incumbent upon the consumer to be as informed as possible about the person that they are selecting to help them resolve their dispute.

Decide Upon Your Goals for Mediation - Mediators vary in substance and style.  Some mediators employ a "facilitative" style in that they are simply there to move the conversation between the parties along until an agreement is reached or there is an impasse.  Other mediators are "evaluative" in nature.  That is to say that they will inject their evaluation or "opinion" into the mix for consideration by the parties in an effort to get the parties to think through their positions and focus on their interests. 

Other parties look for mediators with "subject matter expertise" in the belief that the mediator can serve as an "agent of reality".  Some parties prefer "lawyer mediators" when a dispute is in litigation, or "MBA mediators" if the matter involves contract, finance or other business related issues.

The key is to think about the nature of the dispute and the relative issues and interests at stake.  Next, determine what you hope to gain from the mediation process.  Is it simply to settle the case?  Or, do you hope to restore a damaged business relationship with the other side? Then, decide on the type of mediator you believe has the best chance of helping the parties reach their goals for the mediation process.

Survey the Marketplace - Mediators can be found in a number of ways.  Most often, an attorney will ask one or more of his partners for a referral.  Most local Bar Associations have referral services that can point you in the right direction. The internet has become an effective way to canvas the marketplace for a mediator that fits the criteria decided upon by the parties.  Compile a list of mediators that appear to have the necessary qualifications and gather their promotional materials.

Interview the Mediator - Once you have a list of potential candidates, set up an interview.  This interview can occur in person or over the telephone.  If a face to face interview is desired, check with the mediator to determine whether or not there will be a charge for his time.  Most mediators do not charge for a personal interview, but it is a good idea to ask.

During the interview, you should ask questions about the education, training, experience, style and qualifications of the mediator as they relate to your dispute.  You should determine whether or not the mediator has any past history or attorney-client relationship with any of the parties to the dispute.

Consider the Location - Where will the mediation take place?  Some mediators choose to mediate at the attorney's office for one of the parties.  Other mediators have access to their own facilities and conference rooms.  Some mediators mediate in public libraries or court houses.  While still others will mediate in hotels or executive suite locations.  All of these arrangements can work just fine.  It is important to consider whether a "neutral" site is preferable to the offices of one of the parties.  If it is, one should determine whether or not there are any additional costs associated with the mediation facility.  This may influence your final decision as to where to mediate.

Compare the Costs - As with most professionals, the fees charged by mediators varies greatly.  It is possible to find mediators that will mediate for free through some community mediation program.  Others charge a modest fee for their time.  Most full time mediation practitioner rates are comparable to the hourly rates charged by attorneys in the area with similar years of experience and qualifications.  A few "marquee" mediators can charge several thousand dollars per day and can be booked months into the future.