Questions to ask when selecting a mediator

The circumstances of your case will often dictate what background your mediator should possess. In Utah, with the exception of new divorce filings, you may select anyone you desire to mediate your dispute.

When selecting a mediator there are several points you should consider:

Will the mediator be neutral and fair to all parties?

Since (in Utah) anyone can mediate your dispute, why not let Uncle Joe or Betty around the corner mediate? It is nice when those who care about you want to help keep the peace. When it is someone we know and who cares about us, it seems despite the best of intentions all neutrality melts away eventually. It is human nature to have an opinion or bias. The mediator's job is to avoid having a bias. Mediators come to the table with no connection to either party and very basic knowledge of the dispute. By waiting until the mediation to gather detailed information, the mediator avoids formulating an opinion of the parties and the dispute ahead of time, further ensuring neutrality. Professional mediators have undergone hours upon hours of training, practicing the art of setting their own thoughts and opinions aside so they can remain truly neutral.

What are the qualifications of the mediator?

Professional mediators and arbitrators are typically attorneys, therapists, paralegals, law students, and retired judges. Mediators may receive their training in law school, graduate school or through court approved not-for-profit organizations such as Utah Dispute Resolution.

The Utah State Administrative Office of the Court maintains a roster of ADR professionals (mediators and arbitrators) with professional training and education in alternative dispute resolution. Court rostered mediators must complete Court approved training/education in mediation/arbitration, pass an ethics exam as well as mediate a minimum number of hours each year. Mediators and arbitrators on the court roster provide biographical information, including their education, professional training and specialties to help you select a qualified mediator. CLICK HERE for the current Utah Court Roster.

Is my mediator on the court roster?

Unfortunately I have come across numerous websites advertising mediation services by individuals claiming to be on the court roster, who were in fact not on the roster. Be sure you hire a qualified professional by name checking against the current roster to verify the mediator you are hiring is in fact in compliance with the requirements of the Administrative Office of the Courts. CLICK HERE for alphabetical listings on the current Utah Court Roster. If you suspect someone is advertising credentials they do not possess or practicing law without a license you may file a complaint with the Administrative Office of the Court or the Utah State Bar.

Why is it important to hire a court rostered mediator?

By requiring mediators and arbitrators to have approved training and annual continuing education in mediation or arbitration, you are assured you are hiring a well-trained professional to handle your case. In cases where mediation is court-ordered, you must use a court rostered mediator. For example, Utah Code 78-31b-5 requires that new divorce filings must be mediated by a qualified, court rostered alternative dispute resolution (ADR) professional with additional training and requirements in divorce mediation.
The courts want you to have your case mediated by a competent professional who will provide you with the best chance of settling your dispute without lengthy and costly litigation.

Can my attorney act as the mediator for my case?

Your attorney was hired to represent you and your interests in the dispute. It would be a conflict of interest for your attorney to mediate a case for you. Because he is charged with representing your interests it would be impossible for him to act with the neutrality of a mediator. It would also be a conflict of interest and violate the code of ethics for a mediator to assist you in court proceedings, meaning your mediator may not prepare court documents or act as your legal representation in court.

Will the mediator decide what the outcome of my case will be?

A mediator will not tell you how to decide your case. If you are interested in settling your case out of court using a third party decision maker, you may wish to hire an arbitrator. I will explain the difference between arbitration and mediation next week and then back-link to this post.

If you and your attorney are seeking arbitration rather than mediation you would benefit from hiring an attorney or retired judge to act as an arbitrator.

Additional considerations

Specialties

Mediators come from a wide variety of specialties and backgrounds. Some mediators specialize in domestic/family law while others focus their practice on business and contract disputes. The court roster is sortable by specialty to help you find the right mediator for your case.

Availability

The court roster lists mediators across the state of Utah. Location and hours are important to consider when selecting a mediator. Utah Family Mediator, Rebecca H. Symes has locations across the Wasatch Front and offers evening and weekend appointments, as well as traditional weekday appointments to accommodate the needs of clients. She also mediates cases outside the Wasatch Front for an additional fee.

Whatever your questions may be, it is important for you to ask. Feel free to give me a call today at (801) 899-6338. I look forward to speaking with you.