One of the problems facing the public and say human resources is the difficulty in finding a good mediator.
Why is this the case when there are so many mediators on the market? After all, there is a vast over-supply of mediators.
There are a number of reasons why there are problems.
1. The ease of which one can become a mediator. It can take only a 5 day course and then one can call onself an accredited mediator. Barriers to entry of the profession are low.
2. Lack of experience of mediators. Most acrredited mediators do not use their skills. There is only a elite in the profession who actually practice full time.
3.Lack of regulation. While this will change there is no regulation in the professiopn.
4. Lack of adequate training and ongoing support. Mediators are primarily trained on a model of say meeting both parties over one day which is not necessarily fit for purpose.
5 Lack of knowledge about mediation. Mediation is still a young profession as such and most people still not appreciate the subtleties of what is going on. For an employment mediation it is my view essential to have a mediator with an employment law background as sometimes mediation morph into a discussion on exit terms where discussions about Compromise Agreements are discussed
Therefore when choosing a mediator look for experience of disputes including the legal dynamics and look for someone flexible who is able to fiind a lot of different solutions for the parties. The mediator needs to think outside the box and provide a multitude of solutions for you.
Justin Patten, Employment Solicitor and Mediator