Shopping for a Mediator? Some advice... |
| Mediation
can be a very effective way to resolve labour relations issues. If you
are considering it for the first time, you are probably concerned about
how it will work, how effective it will be and above all, who to call!
The marketplace is full of mediators - how do you find the one(s) who will
work best with you and your labour or management counterparts? If your
mediator turns out to be unacceptable to you or the other party, it will
likely be a long time before you try it again. Here is some advice for
those of you who may be "mediator shopping".
Shop as you
would for any product or service!
Compare and
ask questions. You are in a position to be selective. Look for the same
things your organization looks for in its suppliers: quality, service,
reliability and value for your dollar. Remember...expensive doesn't always
mean better. Ask prospective mediatiors about their:e
m
How have they
acquired their skills? What is their area of expertise? What is their track
record? How much experience do they have with your issues? What is their
experience with the workforce - which industries, unions/employers and
occupational groups have they dealt with? Where and in what context?
ediators
about their: |
|
| Approach
& Style |
Is
the mediator a peacemaker or an enforcer? Ask for an example of a difficult
issue that s/he has dealt with and how it was resolved. Consider adaptability,
bearing in mind that the mediator may have to deal with multiple issues
and multiple players at the meeting. |
| Acceptability |
Is
the mediator likely to be acceptable to both labour and management? Do
they have a reputation for neutrality? How have they earned their reputation?
Ask for labour and management references. Will they be able to build rapport
and confidence with the labour and management reps in your organization? |
| Their
Business |
Who
is involved in the mediator's business? If the business employs a number
of mediators, do you have a choice in who will do your case? How are mediators
assigned? What is the relationship of the mediators to the business? How
well does the operator know them? |
| Their
Affiliations |
Does
the mediator have any affiliations, employment or otherwise which could
present a conflict of interest problem? Are you and your organization comfortable
with these? Does their business act as a referral service for other businesses?
Are you OK with this? |
| Confidentiality |
How
is it assured? Can the mediator be subpoenaed to give evidence at an arbitration
hearing? What happens to the mediator's notes and other materials from
the meeting? What records are kept at their office? Will you or your organization
be used for advertising or promotional purposes? |
| Meeting
Arrangements |
Who,
when, where, what time and how much flexibility do you have? What kind
of paperwork is involved? Are there any long-term commitments or retainers? |
| Costs |
Is
there an hourly, daily or other rate? What about expenses - what do they
charge for and how much will you have to pay? How will you be invoiced?
What if the meeting runs late? Are there any other or hidden expenses? |
| Customer
Service |
What
happens if you are not satisfied with the service that you receive? What
will be done to resolve your complaint? |
| Ask
for a meeting so that you can have an opportunity to meet the prospective
mediator, ask questions and assess their suitability before making the
decision to do business. You would not hire an employee without an interview
or retain a contractor without some preliminary face-to-face discussions.
This is no different. If you're not comfortable, take a pass on the person
not the process! |