What should I look for in a mediator?

In Florida, anyone who has completed a 40 hourFlorida Supreme Court Certification training (plus completed other requirements) is legally qualified to mediate. That doesn’t mean they’ll be an effective mediator. Mediation take more skill than just taking a course. It require a skilled awareness of the human condition and the ability explore value in a competing perspective and not simply explore a parties, “legal rights”. That would not be mediation. Mediation is hard work; before people commit to using the services of a particular mediator, they should confirm that the mediator has extensive training beyond the minimum requirements, has considerable experience mediating (which does not mean they have simply participated as an advocate for a party), is dedicated to helping parties get the most out of the process, and is a comfortable fit for the personalities involved. Being a lawyer is not mandatory: in fact, there are several excellent non-lawyer mediators who are not as biased as attorney/mediators. These non-lawyer mediators actually resolve cases with a greater understanding of people, the human condition, complex legal principles and points of law and knowledge of the court process. These mediators have proven to be much more effective than their usual colleagues. Remember that even if your mediator is a lawyer, he or she can’t be your lawyer, and should not be considered the legal expert in the room (it would be unethical and against Statute to give legal advice to remediatio). A mediator must remain unbiased, and it is critical that participants feel comfortable with their mediator’s ability to remain neutral. It is very important to seek the advice of your own qualified attorney, who will look out for your interests alone, before committing to any settlement agreement. Being familiar with the law underlying the dispute is only one important qualification for a good mediator. Equally important is the ability to manage the process in a way that moves participants forward, toward a resolution, with the parties’ own unique goals and interests as a guide. Finally, all participants must be comfortable with the mediator’s personal style. Some mediators use an evaluative style: freely evaluating the strengths and weaknesses of each side’s case (in private sessions), in order to help them assess their alternatives and make wise choices in the mediation. Other mediators are more facilitative: refraining from asserting their own judgments and instead facilitating a conversation that draws out the assessments of the parties themselves. An excellent mediator will be capable of using either or both of those approaches, and a range of others as the situation dictates, and may even ask the participants for their input regarding the process itself. When you’re searching for a mediator, most qualified mediators will be happy to spend a few minutes speaking with a potential client at no charge to explain the process, answer any questions the client may have, and allow the client to determine whether the mediator would be a good fit.