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Mediator and mediation characteristics
MEDIATOR:
A mediator is an independent and impartial person who acts as a facilitator to help parties to resolve a dispute. They do this by using a combination of negotiation, problem-solving and communication to enable the participants to identify and acknowledge the core issues that are in dispute so that they can take ownership and resolve them.
A mediator is not there to judge, or to say that one person is right and the other is wrong, or to tell those involved in the mediation what they should do. Mediators are completely independent and so can be trusted by both parties. A mediator does not have a stake in either the dispute or the outcome. They are in charge of the process, not the outcome.
An effective mediator:
- Creates an environment conducive to mediation;
- Develops a good relationship with each individual participant;
- Is quick to identify the issues in dispute;
- Listens actively to the parties checking that [s]he has a proper; understanding of what has been said and probing for more information where necessary;
- Is neutral and non-judgmental;
- Manages the process and provides structure;
- Facilitates the parties in creating workable solutions.
CHARACTERISTICS OF MEDIATION:
The key feature of mediation is that it is controlled entirely by the parties themselves. They not only choose to enter into mediation, but they also retain control over the process throughout and they elect the terms of the settlement.
Mediation has a number of characteristics and benefits which distinguish it from other forms of dispute resolution:
Voluntary – unless specifically provided in an agreement, parties enter mediation voluntarily and can withdraw at any point during the process;
Private & Confidential – unless agreed by the parties, what is discussed during mediation remains private and confidential. Information cannot be shared and both parties will be required to sign a confidentiality agreement prior to the commencement of the mediation. Any information provided to the mediator in a private meeting with one party will be kept confidential unless it is agreed that it can be shared with the other party;
Change of focus – mediation looks forward and end encourage parties to move on from the history and focus on the future;
User Friendly – Mediation is not and should not be treated as a quasi-judicial process. It has a number of distinct advantages over the court process:
- It is not imposed and takes place at a time and location agreed by the parties;
- It provides remedies for resolving disputes that may not be available by pursuing legal proceedings;
- It is informal and flexible allowing for a combination of joint and individual meetings;
- All parties participate and it is not coloured by “legal speak” or involve cross examination;
- It is quick to arrange and people focused;
- It allows parties to be open, provide their views and air strong feelings in a neutral setting directly to each other;
- Avoids unnecessary legal costs;
- Improves the channels of communication and understanding between the parties thus preserving relationships;
- It increases the chances of a mutually beneficial outcome for all parties;
- It does not require you to disclose everything;
- It is much less stressful than going to court.
- Mediator
- Essentials of mediator
- Characteristics of mediation
