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Mediation is a new field, and there is no statutory regulation.
Many are good, but (as in all walks of life) there are bad apples.
Some suggested guidelines:
- Choose a Mediator with a recognised qualification. CEDR and the ADR Group are probably the most widely recognised, but there are others.
- Until there is some regulatory framework in place, a Mediator who is a member of some other regulated professional body and is still practising as such may be preferable; For example, a solicitor in private practice (regulated by the Law Society) or a barrister (regulated by the Bar Council). Whilst these bodies are not perfect - far from it! - they do ensure that minimum standards e.g. as to conflicts of interest or as to indemnity insurance are in place.
- Be wary of Mediators who flaunt their "success rate". Research in the USA suggests that a Mediator who has a personal interest in ensuring that the parties do settle (so as to keep up the Mediator's own success rate) can be perceived by the parties as having lost their impartiality, and are in fact less likely to achieve a settlement.
- Does the Mediator offer mediation at his or her premises? If not, then remember that there may be an additional cost in hiring suitable premises. Also, if they don't offer premises, they may not be as committed to Mediation, or do as many Mediations, as they might like you to think. You wouldn't take your car to a mechanic who asks you to hire a garage and tools for him or her to use!
- Are they open about their fees? Check in particular if the fee includes "preparation time" and "extra hours" on the Mediation Day. These "extras" should be included, and if not can often significantly add to the cost of the day.
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