———— LADR ————
LADR, Lamb Building,Temple
London, EC4Y 7AS
DX 1038 Chancery Lane
Tel: 020 7797 7788
Fax: 020 7353 0535
Out of hours: 07947 714473
email:

Selecting a Mediator

Governing Body for Mediators?

Mediation has developed in response to need. Historically there has been no over-arching body or association governing or representing mediators. In theory anybody can hold themselves out as a mediator. In practice a large proportion, but not all, will have undertaken some form of training.

Civil and Commercial Mediation

The Civil Mediation Council, a group representing the major commercial mediation providers in the UK. has recently begun a pilot accreditation scheme. Currently there are 16 accredited mediation providers under this scheme including LADR. Accreditation under this scheme has replaced the list of 5 training organisations recognised by the Legal Services Commission pursuant to the funding code. Full details of the mediation providers accredited under this scheme can be found on the National Mediation Helpline website: www.nationalmediationhelpline.com

Family mediators

There is a Mediation Quality Mark for family and community mediation providers created by the Legal Services Commission. Service providers with this quality mark are listed by:

Mediation UK: www.mediationuk.org.uk (community mediation); the UK College of Family Mediators: www.ukfm.co.uk (family mediation); CLS Direct: www.clsdirect.org.uk (family and community mediation). Family mediators who are members of the UK College of Family Mediators are listed on the Family Mediation Helpline website: www.familymediationhelpline.co.uk. The major practical importance of this quality mark is that public funding is available only to those providers with it. However, many experienced mediators specialising in Family matters and do not belong to such providers.

Selection Procedure

Usually 2 or three names are provided by each side. Care must be taken not to fall into the trap of rejecting a name simply because the proposal comes from the other side. It is therefore important to have in mind some criteria for selection.

Selection Criteria

  1. Expert Mediator or Mediator Expert (ie experienced mediator or experienced in the area of dispute). See eg. comments of Thorpe LJ in Al Khativ v Masry [2004] EWCA Civ 1353

  2. Lawyer or Non Lawyer.

  3. Facilitative of Evaluative.

Ultimately, it is important to talk, talk to your client, talk to your opponent talk to the mediator/provider and talk to others who have undergone the mediation process