Choosing a mediator

Choosing a mediator is key to a successful mediation. All parties to the dispute must agree on the mediator. You can get the names of mediators from:

• Friends or relatives
• Your lawyer
• B.C.'s Family Justice Services Division, which has staff who can help with mediation of disputes related to separation or divorce
• The Alternative Dispute Resolution Institute of British Columbia 
• The BC Legal Referral Service
• Mediate BC
• Family Mediation Canada
• Canadian Bar Association British Columbia Find a Lawyer tool
• Law Society of British Columbia Lawyer Directory

The mediator must not have any personal or business relationship with anyone in the dispute.

The mediator’s expertise is in helping to manage the negotiations. But it can also be helpful if the mediator has knowledge or expertise in the subject matter of the dispute.

Before hiring a mediator, you should ask for information about their training and experience.

It’s also a good idea to ask for résumés and references and to contact more than one mediator before making your decision.

Key questions to ask mediators

• What training have they received? (It should be through a well-recognized institution, university, professional or legal organization)
• How long have they been a mediator? How many cases and what types of cases have they mediated?
• Do they provide mediation in person, virtually or both?
• What standards of conduct do they abide by? Different organizations have different standards, including:
  • Alternative Dispute Resolution Institute of Canada
  • Family Mediation Canada
  • Mediate BC
  • Law Society of BC
• What do they charge? What does the fee include? How are travel, administrative and clerical time handled? Does the mediator charge for an initial consultation?
• Can the mediator provide a neutral location where the mediation session will take place? What is the charge for this service?
• Does the mediator think the dispute is appropriate for mediation? Should some other form of dispute resolution be considered?

After agreeing on a mediator, everyone involved should sign an agreement that explains the rules for the mediation. An agreement to mediate addresses important issues, including information sharing, confidentiality and fees. All people involved in the dispute should receive a copy of the agreement.

If you are unable to agree to a mediator, you will not be able to engage in mediation with the other person. In this case, you may instead require the court's involvement.