New Mexico Mediation Association

Choosing a Mediator

The New Mexico Mediation Association drafted the interview questions below using the Model Standards of Conduct for Mediators by AAA, ABA, and ACR.

Interview Questions

Mediator Training and Experience:

* How many hours of basic mediation training have you had?
• What is the extent of your advanced mediation training?
• Can you send me written material about your mediation practice?
• I am interested in your philosophy about mediation, your description of the mediation process, and your background.
• What is your mediation experience?
• When was your most recent training and your most recent mediation experience?
• Do you have an area of specialization? If so what is your background in that area?

A beginning mediator has usually taken a minimum of 40 hours of basic mediation training.

Neutrality:

• Do you know of any actual or potential conflicts of interest in mediating this matter?
• Do you work with a co-mediator?
• If so. does he or she have any conflict of interest in this matter?

Consider whether you feel that the mediator is unbiased. If all parties agree to mediate after being informed of potential conflicts, the mediator may proceed with mediation. The mediator should decline to proceed if conflict of interest or mediator neutrality becomes an issue during the mediation.

Confidentiality:

• How do you address confidentiality in your mediation practice?
• Do you have participants / mediators sign a confidentiality agreement?
• If so, may I see that agreement?

Fees:

• What do you charge for mediation services?
• Are there additional cost?
• Are your fees based upon the mediation service, the type and complexity of the matter, your expertise, the time required, rates customary in the community, and / or other factors?

For more information about standards of professional responsibility for mediators, see the Association for Conflict Resolution web site at http://www.acrnet.org,

To Download the ACR Ethical Principles