Selecting your Family Mediator
In the episode of my SANE SPLIT podcast entitled “Demystifying Family Mediation”, I talked briefly about selecting your family mediator, and what points you may want to keep in mind when approaching this task. If you are interested in an overview of family mediation, I invite you to tune into that episode.
Many Ontarians do not know that in our Province, family mediators are not a regulated profession. This means that in practical terms, just about anyone can hang up a sign in front of their house announcing to the world that they are a family mediator, and work as one without any specific qualifications or experience. By contrast, lawyers are a regulated profession meaning that we are subject to being licensed by a regulating body which expects a standard level of competence and qualifications to practice law in Ontario.
When you are looking for a family mediator, first and foremost consider her or his qualifications to work in this area. Does the mediator you are considering have any mediation training? Do they have any experience in the area in general, or at least with the subject matter which you will be asking them to tackle?
Consider what issues will actually be discussed. If they are issues which have a legal basis, even if you have your own lawyer (and your should!), you might consider selecting a family mediator who has experience with family law and is even perhaps a family law lawyer him or herself. Does your mediation involve children's issues and, for example, there are special needs involved? Is one of the parties suffering from depression? These types of issues may require someone with experience in those areas and perhaps even a mental health care professional like a psychologist or a social worker with experience in child-related issues and clinical issues related to mental health. The point here is to maximize the chances that your mediation will end in a settlement.
When you have a toothache and you are looking for a dentist, you are entitled to assume that anyone in Ontario representing themselves as a dentist has the minimum qualifications and the Province's authorization to practice dentistry. Since you cannot assume the same of a person who represents themselves as a family mediator, you have heightened responsibility, for the sake of your case and its potential outcome, to do a bit of leg work, and inform yourself about the qualifications of your potential family mediator.
PHOTO: taken by me at Singapore Botanic Gardens
©AJJakubowska
