20 Questions

Questions to Ask a Mediator

Essential questions to ask a mediator to understand their approach, experience, and ability to help resolve conflicts effectively and fairly.

1

What is your mediation approach and how do you help parties reach agreements?

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Why this works

Reveals their methodology and how they plan to facilitate discussions, showing their ability to guide parties toward mutually acceptable solutions.

2

What is your experience with cases similar to ours and what were the outcomes?

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Why this works

Shows you their relevant experience and track record, helping you understand whether they have the expertise to handle your specific type of conflict.

3

How do you handle power imbalances and ensure all parties feel heard?

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Why this works

Reveals their approach to managing unequal dynamics and shows you how they plan to ensure fair and balanced participation from all parties.

4

What is your approach to confidentiality and how do you protect sensitive information?

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Why this works

Shows you their commitment to privacy and helps you understand how they plan to protect confidential information shared during mediation.

5

How do you handle emotional situations and what is your approach to managing strong feelings?

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Why this works

Reveals their ability to manage emotional dynamics and shows you how they plan to help parties work through difficult emotions constructively.

6

What is your approach to caucusing and when do you use private sessions?

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Why this works

Shows you their strategy for private discussions and helps you understand when and how they use caucusing to facilitate progress.

7

How do you handle impasses and what strategies do you use to break deadlocks?

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Why this works

Reveals their problem-solving skills and shows you how they plan to help parties move forward when they reach difficult points.

8

What is your approach to documenting agreements and how do you ensure clarity?

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Why this works

Shows you their process for finalizing agreements and helps you understand how they ensure all parties have a clear understanding of the resolution.

9

How do you handle cultural differences and what is your approach to diversity?

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Why this works

Reveals their cultural sensitivity and shows you how they plan to work effectively with parties from different backgrounds and perspectives.

10

What is your approach to follow-up and how do you ensure agreements are implemented?

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Why this works

Shows you their commitment to long-term success and helps you understand how they plan to support the implementation of agreements.

11

How do you handle legal issues and what is your approach to legal advice?

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Why this works

Reveals their understanding of legal boundaries and shows you how they plan to handle situations that may require legal expertise.

12

What is your approach to time management and how do you structure mediation sessions?

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Why this works

Shows you their organizational skills and helps you understand how they plan to structure the mediation process for maximum effectiveness.

13

How do you handle communication barriers and what strategies do you use?

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Why this works

Reveals their communication skills and shows you how they plan to overcome language, cultural, or other communication challenges.

14

What is your approach to neutrality and how do you maintain impartiality?

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Why this works

Shows you their commitment to fairness and helps you understand how they plan to remain neutral and unbiased throughout the process.

15

How do you handle complex issues and what is your approach to multi-party disputes?

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Why this works

Reveals their ability to manage complex situations and shows you how they plan to handle disputes involving multiple parties or complex issues.

16

What is your approach to preparation and how do you help parties get ready?

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Why this works

Shows you their preparation process and helps you understand how they plan to help all parties prepare effectively for mediation.

17

How do you handle resistance and what strategies do you use to encourage participation?

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Why this works

Reveals their ability to manage difficult dynamics and shows you how they plan to encourage reluctant parties to participate constructively.

18

What is your approach to creativity and how do you encourage innovative solutions?

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Why this works

Shows you their problem-solving approach and helps you understand how they plan to help parties develop creative and mutually beneficial solutions.

19

How do you handle ethical issues and what are your professional standards?

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Why this works

Reveals their ethical framework and shows you how they plan to maintain the highest professional standards throughout the mediation process.

20

What is your approach to evaluation and how do you measure success?

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Why this works

Shows you their assessment methods and helps you understand how they plan to evaluate the effectiveness of the mediation process.

How to Choose the Right Mediator

Expert tips and techniques for getting the most out of these questions.

Best Practices

Focus on Experience and Approach

Ask about their experience with similar cases and their mediation approach. Look for mediators who have relevant experience and a methodology that fits your needs.

Assess Communication and Cultural Sensitivity

Ask about their communication skills and cultural sensitivity. Look for mediators who can work effectively with all parties and handle diverse perspectives.

Consider Neutrality and Professional Standards

Ask about their approach to neutrality and professional standards. Look for mediators who maintain high ethical standards and remain impartial.

Question Sequences

The Experience and Approach Series

1
What is your mediation approach?
2
What is your experience with similar cases?
3
How do you handle power imbalances?
4
What is your approach to confidentiality?

The Process and Management Series

1
How do you handle emotional situations?
2
What is your approach to caucusing?
3
How do you handle impasses?
4
What is your approach to documenting agreements?

Common Pitfalls

Don't Focus Only on Experience

While experience is important, also consider their approach, communication skills, and whether they can work effectively with all parties involved.

Don't Ignore Cultural Sensitivity

Ask about their approach to cultural differences and diversity. This is crucial for ensuring all parties feel comfortable and respected.

Don't Overlook Neutrality

Ask about their approach to neutrality and professional standards. Make sure they can remain impartial and maintain high ethical standards.

Interview Templates

The Experience and Approach Assessment

1
Step 1: Ask about their mediation approach and methodology
2
Step 2: Inquire about their experience with similar cases
3
Step 3: Discuss their approach to power imbalances and fairness
4
Step 4: Explore their confidentiality and privacy practices
5
Step 5: Ask about their approach to emotional situations

The Process and Management Evaluation

1
Step 1: Ask about their approach to caucusing and private sessions
2
Step 2: Inquire about their strategies for handling impasses
3
Step 3: Discuss their approach to documenting agreements
4
Step 4: Explore their cultural sensitivity and diversity approach
5
Step 5: Ask about their follow-up and implementation support

Further Reading

"The Mediation Process" by Christopher Moore
"Mediating Dangerously" by Kenneth Cloke
"The Art of Mediation" by Mark Bennett
Mediation and conflict resolution resources

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