Choosing A Mediator

There are many talented mediators in Maryland ready to assist in resolving differences.   They come from a variety of backgrounds and professions--law, mental health, social work, and finance among others—but the mediator role is unique.  To help you find a mediator who might be a good “fit,” this page shares information to consider and questions to ask.

First, mediation is not a “licensed activity” in Maryland. Mediators listed on a court’s roster have met relevant court requirements, but many excellent mediators are not on a court’s roster.  In conducting your search, it is important to ask a mediator about their training, experience, and credentials.

Good to Know:  Mediators have different approaches to how they help participants with differences.  Maryland recognizes at least four different approaches to mediation.

1. Some mediators approach mediation as an exercise in problem solving.  They seek to help participants identify what really matters to them and to find a solution that respects all these interests.  Mediators who approach mediation in this way are generally called Facilitative mediators. They tend to believe that resolution, if there is to be one, flows from guiding participants through a problem solving process. 
   
   

2. Some mediators approach mediation as an exercise in constructive conversation.  They seek to help participants both articulate what matters to each as positively as possible and to be heard as clearly as possible.  Mediators who approach mediation in this way are generally called Transformative mediators.  They tend to believe that resolution, if there is to be one, flows from positive, constructive conversation.
   
   

3. Some mediators approach mediation as a facilitative processwhich can be augmented with the mediator’s expertise in law, science and technology, or policy, say.  In Maryland, mediators who approach the process in this way are generally called analytic; sometimes their approach is called Evaluative.  Evaluative mediators may suggest options for resolution or give their evaluation of a case.
   
   

4. Many mediators who serve with community mediation centers in Maryland practice what they describe as the Inclusive approach to mediation.  They seek to support participants engaged in difficult conversations and to guide a problem solving process to develop solutions that meet everyone’s needs.  Inclusive mediators largely use a co-mediation model.

In Addition

Some mediators describe their approach to mediation as Eclectic, as they tend to draw from all approaches:  They appreciate the importance of constructive conversation.  They appreciate the helpfulness of process in problem solving.  They appreciate the importance of good information in decision making and encourage participants to obtain information they need to find resolution.

Good to know: 

If mediating under the Standards of Conduct for Mediators in Maryland—as court appointed mediators do—a mediator does not provide legal advice or recommend the terms of an agreement.  Whether these services are of interest to you is something to consider and ask about as you search for a mediator.

Here is something else to consider: 
Some mediators prefer to support conversation directly with the participants—they may not meet with participants individually.  Others make it a standard practice to meet with each participant individually (called a “caucus”). 

As you conduct your search, ask mediators about their approach to the process and ask them to walk you through what it means for how they practice.

Now, what about credentials?

Just as Maryland does not “license” mediators, neither does it “certify” mediators.  In fact, completion of a training does not indicate that a trainee has demonstrated competence.  Concern for quality assurance led MCDR to establish its peer review Credentialing process based upon an assessment of the mediator’s performance.

Who else certifies mediators?  The International Mediation Institute—an organization with which MCDR collaborates—has a certification process that reaches globally.  The Institute for the Study of Conflict Transformation has a certification process for transformative mediators.  Community Mediation Maryland has a certification process for inclusive mediators.

Good to know:  Everyone listed in this directory is an MCDR member.  Some are MCDR certified; some are not.  Some are certified by other organizations.  

Regardless, MCDR membership itself represents a commitment to professional development.  

As you search for a mediator, we suggest you interview a few candidates in order to find a “fit.”  We wish you good luck in your search! 

Questions to ask a Mediator:

1. What is your approach to mediation?  What training have you had?

2. How do you conduct your process?  What is your practice in regard to co-mediation?  What is your practice in regard to meeting individually with each participant? 

3. To what ethical standards do you subscribe?  

4. How do you handle confidentiality?  

5. How much experience do you have conducting mediation dealing with my type of circumstance?

6. What capacity do you have to mediate remotely?

7. What is your fee schedule including sessions, phone calls, emails, and agreement drafting?  Who pays?

8. Will you write up my agreement when it is complete?

9. What do I need to do to make my agreement official?