After a lawsuit is filed and before trial cases are frequently referred to mediation the parties in the lawsuit must select a person to mediate the case. To choose the best mediator for a specific case may not be an easy process. There are hundreds of alternative dispute resolution providers available, as well as ideas about who is “qualified” to be the negotiator in a particular case.
If someone were to ask what makes a certain individual the “Best Mediator” the answer would be difficult to give. Florida Rules for Certified & Court-Appointed Mediators state a mediator shall not make claims of achieving specific outcomes or promises implying favoritism for the purposes of obtaining business (Rule 10.610(e). Additionally mediators are prohibited from engaging in marketing practices that contain false or misleading information.
In truth anyone can be a mediator, or someone who facilitates a successful negotiation to a conflict. In fact, the best mediators are not necessarily attorneys or non-attorneys. Effective mediators come from various professional and educational backgrounds, and use their unique knowledge base with their mediation skills and apply them to a variety of conflicts to facilitate a resolution that works for everyone involved.
Studies have found that the most successful mediations are not related to the professional background of the mediator. Instead the research has found that the success of the dispute resolution process is related to non-profession based characteristics of the mediator working with the parties.
These characteristics are confidence-building attributes & process skills.
The “confidence building attributes” of the mediator include being well prepared, understanding the issues, and knowing the relevant law. The “process skills” of the negotiator include those of patience, persistence, listening, diplomacy, and creativity. Researchers found that a professional who proposes solutions while being firm and candid with the participants facilitated successful mediations.
All Florida mediators are required to maintain their certifications and a requirement of this is Continuing Mediator Education (CME). Sixteen hours every two years is the minimum requirement, however some mediators have many times this amount.
When looking for mediators remember plaintiff and defendant must agree on the person selected. Considerations should include that the perspective mediator is a member of a professional association, does he or she allow mentoring of new mediators, accepting pro bono cases, credentialing by other organizations, fees simple and straight forward. In other words – the most successful mediation results from those in dispute choosing a knowledgeable person who both parties can trust to assist them in finding resolution to the issue.
