A mediator is a mediator is a mediator – and a skilled mediator who knows how to facilitate for the participants in a mediation can handle almost any type of mediation. Unfortunately, some attorneys and others looking for a mediator, want a mediator who has years of experience in a certain field. Often, someone, even a former Judge, who has years of experience, may not have the skills to mediate. A mediator needs to be able to get out of the way of the participants, not solve their problem for them. An experienced attorney in business litigation, or a Judge who sat in Chancery Court for years, may know the law and how a certain situation might play out in trial, but that does not, nor should it, define the outcome of the mediation. One of the foundational principles of the mediation process is that the participants design a final outcome that meets their needs – this definition excludes the expectations or preconceived notions of the mediator. So, when you are choosing a mediator, look for someone who can get out of the way of his own experience and knowledge and let the participants solve their problems with his facilitation. Rather, choose a person with no experience in the area of the conflict who knows how to properly facilitate a mediation over someone with years of experience in the topical area who wants to solve the conflict his or her own way and really doesn’t listen to the participants.
A rose is a rose is a rose
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