Selecting a Mediator: How to Find the Right Professional for a Workplace Dispute

Selecting a Mediator: How to Find the Right Professional for a Workplace Dispute

Outsourcing dispute resolution services can save an organization time, stress, and money when the mediator is called in to help sort out a co-worker, senior team or other dispute before matters escalate, become entrenched, or lead to attrition, grievances or litigation.

If a workplace dispute is complex or important enough that you'd like the assistance of a mediator, then you naturally want to make sure the mediator you hire is up to the job. Your selection should be based on qualifications, experience, and good fit for your organization. You want a professional truly qualified for the job, one with whom you will feel comfortable and in whom you can have confidence.

The next time a workplace conflict gets stuck and you want to bring in a third-party neutral who doesn't carry the baggage an insider does, use these questions to guide your selection of the best professional for the job:

How much mediation training and experience do you have?

Mediator training programs range from the minimalist 28 hours to the more common 40 and up to, in a few instances, hundreds of hours. Look for a minimum of 40 hours of basic mediation training and 30 hours of cases, and much more training and experience for complex conflict situations. While more training doesn't always mean a better mediator, consider this: Is only a work week's worth of preparation enough for you to choose professionals in most other fields? Be sure to ask, too, about the ways she continues to hone her skills and the number of continuing education hours she's obtained in the past year.

To what conflict resolution associations do you belong?

You're looking for information that suggests the mediator is interested in continuing to develop his skills and knowledge. Membership in a state, regional or national conflict resolution association indicates that a mediator is professionally active and may indicate that he's current on leading-edge research and practice through professional development and journals. Some associations have minimum membership standards, a measure of quality based on training and experience.

What is your approach to mediation and how will it serve my needs?

There are several different styles or approaches to mediation work (e.g., interest-based, evaluative, transformative, narrative), and most mediators align themselves with an approach that meshes with their values, philosophy and beliefs about conflict and how people engage in it. Ask your prospective mediator to describe the mediation process she uses, why she uses that approach, and how it's beneficial to clients. Which label your mediator puts on her approach is less important than her ability to clearly articulate why she works that way and how her style will serve you and your organization. No one style or approach is better than another anymore than one kind of therapist is better than another. It's about fit with your organization's culture and the mediator's skill in applying that approach effectively.

What other credentials do you have that are beneficial to this situation?

Look for a mediator whose background, prior work experience or cultural experience offers knowledge and insight that will add value to her work with you. Mediators come from all backgrounds imaginable--educators, attorneys, counselors, builders, nurses--and no one credential makes them a "better" mediator. But a mediator's background will probably inform her work and how she approaches it. And beware of assuming you need a mediator who knows your industry; while insider knowledge of an industry can help in some instances, it can also be a trap for the mediator. Mediators who know little about how things "should work" in your industry may be less likely to wear professional blinders that can get in their way of helping you.

What do you mean by "certified"?

Many mediators promote themselves as "certified mediators." In many instances, what they really mean is that they're "certificated"; they took a training and got a certificate of attendance at the end. While there are a few certification programs, they tend to be state-based and very specific (such as certified marital mediators in New Hampshire). If the mediator says he's certified, don't assume there's an oversight body, licensure, or any kind of admittance or minimum qualification. Always ask what it means in that instance.

Educating yourself about your prospective mediator increases the likelihood that your selection will be a wise one. It's generally a good idea to interview two to three mediators by telephone before making your decision. Your important or complex conflict situations deserve a skilled and talented professional.