Maine Association of Dispute Resolution Professionals has a list of questions below that may help you when interviewing a "Neutral". Along with these questions you would do well to ask a mediator:

Is your interest or specialty in litigation or in reconciliation cases?

While questioning a prospective mediator you will also want to be asking yourself the following questions:

• Is this person listening well?
• Am I comfortable talking with this person?
• Are they answering the questions I am asking?
• Have all my questions been answered?
• Do I have a clear idea of the process?

Maine Association of Dispute Resolution Professionals
describes Mediation as:

a facilitated form of negotiation. In mediation, an impartial third party (the mediator) attempts to help disputing parties reach a mutually satisfactory resolution. Parties choose (and pay for) a mediator jointly. The parties and their lawyers (if the parties choose to have lawyers involved) retain control over the dispute and its resolution; settlement is reached with the full involvement and approval of the parties. The mediator has no power to make any binding decision. He or she works with the parties in joint and/or separate meetings to clarify issues, educate the parties and help separate critical issues from superfluous details. As they explore potential resolutions together, the mediator helps the parties to work out the details of their own settlement.

Choosing a Mediator or other "Neutral

In Maine, as in many states, there is no regulation, certification or licensing of mediators, facilitators or other impartial third party "neutrals." As a result anyone seeking these services needs to inquire carefully into the background and qualifications of the individual neutral. It is reasonable, customary and expected that someone seeking services would ask questions.

Questions you can ask:

1. What is your general background and experience? Do you provide neutral services on a full-time or part-time basis?

2. What education, training and experience have you had in mediation?

3. What is your training and experience in this particular type of conflict?

4. About how much time do you estimate this dispute will require? Over what period of time do you anticipate it to be resolved? (This is a difficult question that can often only be answered within a range of expected times.)

5. What are your fees? What services are included in your fees? (Some mediators charge only for face to face mediation, while others may also charge for time spent interviewing, drafting documents, etc.) When is payment expected? (Payment is traditionally expected at the time of delivery of services.)

6. What ethical guidelines or standards guide your practice? (MADRP has established standards of ethics and conduct, with which its members are expected to comply.)

7. Are you a member of any associations or panels of neutrals?

8. Would you have any conflict of interest in working on this particular case, with the following named parties, issues?

9. What about privacy and confidentiality?

10. Will there be a written agreement outlining your services?

These excerpted materials are reprinted with permission from
Maine Association of Dispute Resolution Professionals.
www.madrp.org

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