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Mediation is a relatively new field and, as yet, there is no statutory regulation. Whilst, in conjunction with the Ministry of Justice, the Civil Mediation Council operates a pilot scheme for the accreditation of mediation providers, the scheme is presently voluntary.
Most mediators are committed to doing a good job and genuinely want to help people resolve their disputes. Nevertheless it’s still important to choose your mediator carefully. Below you will find some guidelines to assist you in choosing the right mediator. The chances are that one of our mediators will be able to help you and you therefore need look no further. Click here to find out why you should choose mediation-1st and here to learn more about our team of mediators.
Some suggested guidelines for choosing a mediator:
Look out for:
- A mediator with a recognised mediation qualification - the best known training bodies are the Centre for Effective Dispute Resolution (CEDR), the Alternative Dispute Resolution (ADR) Group.
- A mediation provider accredited by the Civil Mediation Council. A link to the Civil Mediation Council will be found on our downloads and links page or alternatively click here. Mediation providers accredited by the Civil Mediation Council (of which mediation-1st is one) must ensure that their mediators have undergone sufficient training (including continuing professional development) and agree to be bound by the European Code of Conduct for mediators.
- A mediator who honours the European Code of Conduct for Mediators. All of our mediators agree to abide by the code. The code sets out a number of principles to which individual mediators can commit voluntarily. The code applies to all kinds of civil and commercial mediations. Organisations providing mediation services can also commit to the code by asking their mediators to respect its principles. The code covers four main areas:
- competence and appointment of mediators;
- independence and impartiality;
- the mediation agreement, process, settlement and fees
A link to the European Code of Conduct for Mediators will be found on our downloads and links page or alternatively click here.
- Regulation by bodies such as the Solicitors Regulation Authority, the Bar Council, the Institute of Chartered Accountants, or Royal Institution of Chartered Surveyors. Regulation of professionals by such bodies gives you the security that the mediator adheres to minimum standards of professional conduct. All of our mediators are regulated either by the Solicitors Regulation Authority, the Royal Institution of Chartered Surveyors or the Institute of Chartered Accountants.
- A suitable venue, preferably one that is owned by or freely accessible to the mediator and with the facilities that you might need such as wireless internet access, car parking, accessibility for public transport, light refreshments etc. If the mediator cannot provide a venue you may have to pay room hire costs. Also, if they don’t offer premises, they may not be as committed to mediation or be as experienced as they may like you to think. After all, you wouldn’t take your car to a mechanic who asks you to hire a garage and tools for him to use!
Be wary of:
- Mediators that flaunt their “success rate”. Research in the USA has suggested 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 is less likely to achieve a settlement;
- Hidden extra charges. Check what is included in the mediation fee. In particular, ask if it includes preparation time and extra hours on the mediation day. These “extras” should be included in the overall fee but, if not, they can significantly add to the cost of mediation.
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