Unlike professions such as medicine, dentistry or law, there is no licensing body that sets and enforces standards of practice for mediators.ﾃつ Literally anyone can mediate.ﾃつ It is the disputants who decide whether or not a mediator is right for their dispute.ﾃつ
In such an open marketplace selecting the right mediator can be challenging.ﾃつ Experience, training, and aptitude may be important but other attributes, such as gender or demeanor may also be critical.ﾃつ The detailed checklist at the end of this chapter lists questions to consider when choosing a mediator.ﾃつ It also encourages the user to rank the selection criteria thereby identifying mediator qualities that are essential to their dispute.
The selection of the mediator can be a significant obstacle in getting on with the mediation.ﾃつ Some disputants may purposely avoid or dispute the selection of the mediator when they believe that it is in their interests to delay the mediation.ﾃつ In some jurisdictions, there is legislation or rules of court that govern mediator selection, thereby overcoming purposeful delay.ﾃつ Often there is no formal protocol.ﾃつ Just like the determination of the mediation venue, the process by which the mediator is chosen can impact the mediation in a constructive or not so constructive manner.ﾃつ As discussed in Chapter 4, when the selection is imposed by one of the disputants, there is the risk that there will be resentment over the use of power that will be carried into the mediation.ﾃつ And, if a third party makes the selection arbitrarily, the disputants miss the opportunity to practice key skills and reach agreement consensually.
This chapter reviews mediator training and certification.ﾃつ It describes different mediation models that mediators use.ﾃつ Various ways in which mediators are selected, and the perspectives of those who choose, are reviewed.