Tips for Selecting a Mediator

Selection Criteria to Consider

  • Location of the dispute resolution professional - There may be multiple sessions. Can you, the other party(ies), or the mediator travel? Is the mediator’s office convenient?
  • Subject area experience - If your dispute is in a particular area such as divorce, child custody, business or environmental issues, you are likely to want to choose someone with experience in similar types of issues. Some people believe it is important that the mediator know something about the subject matter of the dispute. Others believe that subject matter expertise is not of primary importance except in specialized areas like environmental, domestic, or highly technical types of disputes. Other people believe that it is not important that the mediator know the subject matter area of the dispute as long as the mediator is well trained in the process of mediation and has experience as a mediator. You should determine how important subject matter knowledge is and may want to discuss this question with prospective mediators.
  • Alternative Dispute Resolution (ADR) Training and credentials - Take a look at the types of training the practitioner has completed. The Voluntary Maryland Standards do not suggest specific levels of experience of training, except for those in court-connected or other forms of mandated dispute resolution.
  • Education or professional experience background – In addition to training as a mediator, other qualifications may add another dimension to the dispute resolution process. For example, mediators may have a background in dispute resolution as an attorney, social worker, or teacher. Additionally, mediators may also have technically expertise as an engineer, small business owner, car mechanic, house inspector, non-profit manager, etc.
  • Experience with similar situations – Consider the type and complexity of your situation. This may be particularly relevant to businesses considering the use of mediation.
  • A particular style/approach – There are several approaches that a mediator might use. Some are more passive, and let the parties guide the process. Others are more involved, and propose options.
  • Trust your instincts - Do you feel comfortable with the "neutral" person? This is your overall assessment. Was the person willing to speak with you, answer your questions, and give you the information you requested? Do you feel the person will be impartial and fair? Are you satisfied the person has the skills and style you want? If not, look for someone else.
  • References or reputation – You can ask for references from previous clients to see if the mediator has a reputation for competency, neutrality, and/or the ability to create an effective dispute resolution process. Mediation is confidential, so some mediators may not have clients who have agreed to be a reference.
  • Fees - Most mediators charge a set fee per hour. Some only charge for the time they are actually mediating while others charge for preparation time and travel. Many will request payment for a certain number of hours of mediation before the mediation begins or full payment at the time of mediation. Additionally,  ask about whether the fees are split by the parties.

You may also want to consider:

  • Would a team approach work best? (Many mediators work with co-mediators.)
  • Cultural differences - For example; urban/rural, generational/cultural difference, or professional affiliations, etc.
  • Practical logistics - language, disability access, if needed.

For more information on selecting a mediator, the Maryland Judiciary has provided a Consumer’s Guide to Alternative Dispute Resolution (ADR) Services in Maryland.

Is this legal advice?

This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  The Maryland Thurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site.  In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – © Maryland Thurgood Marshall State Law Library, 2019.”