Among the more hotly debated issues concerning appropriate qualifications for mediators is the question as to whether it is preferable for mediators to also be lawyers. The success or failure of a mediation often depends on who the mediator is. Before retaining a mediator you should find out as much as you can about his or her qualifications and methods. You can ask the mediator directly and you can also check with parties who have used his or her services in the past. Then evaluate the mediator in light of each of the factors discussed below to see if he or she is right for your case.
Many disputes have a prior history of an amicable relationship.
This is especially true in business disputes. Use this tool to help prepare for mediation. This sample mediation agreement can be used to review what topics you can expect to be covered. It can also be used as a template for mediators developing their practice materials. Learning To Use The Mediation Process - A Guide For Lawyers by Norman Brand Mediation is changing law practice.