Knowing which questions to ask a mediator before hiring them is the most reliable way to judge whether a neutral fits a dispute before anyone commits a full day to a session. A short screening call, led by a party or by counsel, can reveal how the mediator manages a room, how they handle sensitive information, and whether anything in their background could raise doubts about impartiality later.
Bridges Dispute Resolution provides mediators and arbitrators to parties throughout Tacoma, Seattle, and Western Washington. Grouping screening questions by what each answer reveals keeps that first conversation short, focused, and fair to both sides.
A few points are worth carrying into any screening conversation:
- Washington requires mediators to disclose known conflicts before accepting a mediation and to share their qualifications when a party asks.
- No special license or professional background is required to serve as a mediator in Washington, so the questions parties ask do much of the screening work.
- Questions about process, such as joint sessions versus private caucuses, often reveal more about fit than a résumé does.
- Fees, cancellation terms, and cost-sharing should be settled in writing before the session.
- Good screening questions test neutrality, because both sides need to trust the same mediator.
What should you ask before choosing a mediator?
- Conflicts of interest: any financial interest in the outcome or past relationship with the parties or their counsel
- Session style: whether the mediator favors joint sessions or private caucuses, and whether they offer an evaluation
- Fees and terms: how fees are calculated and split, plus the cancellation and rescheduling policy
- Confidentiality: how information shared in the mediation, and in private caucus, is protected
- Washington disclosure rules: under RCW 7.07.080, a mediator must disclose known conflicts before accepting a mediation and share their qualifications when a party asks
What Washington Law Already Requires a Mediator to Disclose
Washington's Uniform Mediation Act, codified in chapter 7.07 RCW, sets the floor for what a mediator must share before accepting a mediation. Under RCW 7.07.080, anyone asked to serve as a mediator must make a reasonable inquiry and then disclose known facts that a reasonable person would consider likely to affect the mediator's impartiality.
The statute names several categories of facts that fall within that duty:
- A financial interest in the outcome of the mediation
- A personal interest in the outcome
- An existing or past relationship with a party to the mediation
- An existing or past relationship with someone expected to take part in the mediation
That duty does not end once the mediator accepts. If a mediator learns of a relevant fact later, the statute requires disclosure as soon as practicable.
Two other provisions shape the screening conversation. At a party's request, a prospective mediator must disclose their qualifications to mediate the dispute, and the same section states that no special qualification by background or profession is required to serve. Because the law gives parties access to that information without setting a minimum standard, the parties' own questions carry real weight.
Questions That Test Impartiality
Statutory disclosure covers what a mediator knows to mention. Direct questions help surface relationships or history that a mediator may not immediately connect to the dispute:
- Have you worked with either party, or with anyone on either side's team, in the past?
- How often have you served as a neutral in matters involving either side's counsel?
- Do you have any financial or business relationship with anyone involved in this dispute?
- If you learn of a potential conflict after the engagement begins, how will you tell us?
- Is there anything in your background the other side might view as a reason for concern?
A mediator who answers readily, and who offers context rather than a bare yes or no, is previewing the even-handedness the parties will need in the session. Repeat engagements with one side's counsel are not automatically disqualifying, but every party should know about them before agreeing to proceed.
Questions About How the Mediator Runs a Session
Two mediators with similar backgrounds can run very different sessions. Pairing each process question with what the answer reveals makes it easier to compare candidates side by side:
| Question to ask | What the answer tells you |
|---|---|
| Do you tend to keep the parties together in joint sessions, or work mostly in separate caucuses? | How much face-to-face discussion to expect, which matters when a working or family relationship needs to survive the dispute. |
| Will you share your view of the strengths and weaknesses of each side's position? | Whether the mediator leans facilitative, helping the parties generate their own options, or evaluative, offering an assessment when asked. |
| Do you hold pre-session calls with each side? | Whether the mediator invests time up front to understand the issues and the people before the session day. |
| Do you ask for written mediation statements, and are they shared with the other side? | How much preparation is expected and which information stays private to the mediator. |
| If negotiations stall, do you ever make a mediator's proposal? | Whether the mediator has a structured way to test possible terms when the parties reach an impasse. |
| What happens if we are close to agreement at the end of the day? | Whether the mediator will keep working, schedule a follow-up session, or help the parties record terms before leaving. |
No single style suits every dispute. A disagreement between longtime business partners may benefit from more joint discussion, while a multi-party construction dispute may move faster through separate caucuses, so the best answer depends on the people and issues involved.
Questions About Fees, Scheduling, and Engagement Terms
Practical terms are easy to overlook until an invoice arrives or a session has to move. Before signing an engagement agreement, confirm the following details with the mediator:
- How fees are calculated, whether by the hour, the half day, or the full day
- Whether preparation time, pre-session calls, and review of written statements are billed separately
- How the fee is divided among the parties, and whether the parties may agree to a different split
- The cancellation and rescheduling policy, including any notice deadlines
- Where the session will take place and whether any participants may join remotely
- How long the session is expected to run and what happens if it goes longer
Settling these terms in writing protects every participant and keeps attention on the dispute itself during the session. Bridges Dispute Resolution has offices in Tacoma and Seattle, and scheduling details can be confirmed before any engagement begins.
Questions About Confidentiality and Private Information
Confidentiality is one of the main reasons parties choose mediation over litigation, but the protection has limits worth understanding before the session. Asking the mediator to walk through those limits helps every participant decide what to share and when.
What Washington's mediation privilege covers
Under RCW 7.07.030, a mediation communication is privileged and is generally not subject to discovery or admissible as evidence in a later proceeding, subject to waiver and the exceptions the chapter lists. Broader confidentiality, such as whether participants may discuss the mediation with outsiders, depends on what the parties agree to or what other law provides under RCW 7.07.070. A useful question is whether the engagement agreement includes a confidentiality provision and what it covers.
How the mediator handles what each side shares in caucus
Mediators differ in how they treat information shared in a private caucus. Some keep everything confidential unless a party gives permission to share it, while others assume information may be shared unless a party asks otherwise. Asking which default the mediator follows avoids surprises in the middle of a negotiation.
What the privilege does not protect
The privilege covers communications made in mediation, not the underlying facts. RCW 7.07.030(3) provides that evidence which is otherwise admissible or discoverable does not become protected just because it was disclosed or used in a mediation. A mediator should be able to explain that distinction in plain terms.
Additional Questions When Counsel Is Choosing the Mediator
Counsel selecting a neutral often screen for fit with the structure of a dispute as well as its subject matter. Questions that tend to come up in those conversations include:
- How often have you mediated disputes arising in this setting, such as employment, real estate, or insurance?
- How do you work with insurance representatives or others who hold settlement authority but may not attend in person?
- Are you comfortable managing multi-party sessions where parties on the same side have different interests?
- Will you help the parties prepare a written term sheet if they reach agreement during the session?
- Are you available for a follow-up session if the first day ends without resolution?
Counsel frequently share a candidate's answers with their client before agreeing, since the mediator must also earn the trust of the people who will sit in the room. When both sides' counsel run the same screening questions, the parties reach agreement on a neutral more quickly.
Warning Signs in a Mediator's Answers
How a mediator answers can matter as much as what they say. It may be worth considering another candidate if a mediator:
- Hesitates or declines to discuss past relationships with the parties or their counsel
- Describes the role as helping one side come out ahead
- Predicts how the dispute will resolve before hearing from both sides
- Cannot explain fees, cancellation terms, or confidentiality in plain language
- Pushes for a quick commitment to a date or fee arrangement before questions are answered
A neutral builds trust by being transparent and even-handed from the first contact. The screening call is often the earliest preview of how the session itself will feel.
Frequently Asked Questions About Choosing a Mediator
Parties and counsel choosing a mediator in Washington often raise these follow-up questions.
Can a mediator give legal advice in Washington?
No, a mediator in Washington does not represent either party and does not give legal advice to one side. Under Washington's Rule of Professional Conduct 2.4, a lawyer serving as a third-party neutral must tell unrepresented parties that the lawyer is not representing them. Parties who want legal advice can bring their own counsel, which RCW 7.07.090 generally allows.
Do both parties have to agree on the same mediator?
In a private mediation, the parties usually select the mediator together, because the process depends on both sides trusting the neutral. When a court order or contract sets out how the mediator is chosen, those terms may control, so review them before starting the search.
Is it appropriate to talk to a mediator before the mediation session?
Yes, many mediators hold separate pre-session calls with each side to learn about the dispute and answer questions about the process. Ask whether the mediator offers the same opportunity to every party, since equal access supports the mediator's neutrality.
How much does it cost to hire a mediator?
Mediator fees vary with the neutral, the complexity of the dispute, and the length of the session, and they may be billed hourly or by the half day or full day. Parties often split the fee equally, though they can agree to a different allocation, so request the fee terms in writing before the session.
What makes a good mediator?
A good mediator is impartial, well prepared, and able to keep difficult conversations productive while giving each party a fair hearing. Strong candidates ask careful questions about the dispute, explain the process clearly, and disclose potential conflicts without being prompted.
What happens if a mediator discloses a conflict of interest?
A disclosed conflict does not automatically disqualify a mediator in Washington, but the parties decide whether they are comfortable proceeding. RCW 7.07.080 requires the disclosure so each party can make that decision with the relevant facts in hand, and a party who is not comfortable can ask to use a different mediator.
Schedule a Consultation With Bridges Dispute Resolution
Choosing a neutral is one of the few decisions both sides of a dispute make together, and asking the right questions makes that decision easier. Bridges Dispute Resolution provides mediators and arbitrators for parties and counsel in Tacoma, Seattle, and across Western Washington. To discuss scheduling or ask screening questions of your own, schedule a consultation by calling the Tacoma office at (253) 327-6778 or the Seattle office at (206) 621-1110.