Mediation as a process of dispute resolution is one of the most effective and popular form in the world. Initially Mediation was confined in the areas of disputes relating to labour, and consumer disputes and in negotiations relating to international affairs, but it has now evolved as a formal alternative to the traditional procedure of courtroom litigation. It is now wing extensively used in matters relating to family relations like divorce, disputes arising out of commercial proceeding and even in disputes relating to the public disputes. Thus mediation is a growing and an ever evolving legal mechanism. One of the most accepted reasons for this growing popularity of mediation is the fact and a mindset of people that the process of mediation provides a conclusion to a dispute that is effective, satisfactory and friendly, and that the process of mediation is less expensive than the tradition court litigation. With the increasing popularity of mediation, the service providers of Mediation and training in the field of mediation is rapidly growing throughout the world. The mediator is trained and develops the capability to build a relationship with parties at a personal level.
A mediator has certain qualities that that helps him throughout the process to narrow the dispute and finally reach an amicable resolution.
Some of the necessary qualities that a good mediator has are :—
- Probing skills
The most successful mediators are empathetic, non-judgemental, have patience and persistence, are optimistic, trustworthy, sharp minded and creative and that they have a good common sense and a good sense of humour.
It can e concluded that an effective and competent mediator has the following attributes:
Fairness (justness): The mediator shall give both the parties an equal chance to put forward their arguments;
Impartiality: The mediator shall not favour any particular party, and refrain from doing any act that might give such an impression;
Independence: The mediator must not be linked in any way (like having a previous relation) to any individual or any group involved in the dispute. Though, this quality may be unnecessary when both the parties agree to have a known person to act as the mediator);
Good listener: The mediator must e a good listener who would patiently listen to both the parties;
Coolness: The mediator must be cool and avoid aggression;
Patience: The mediator must keep the moral of the parties high even if the process is taking long;
Politeness: The mediator must try being pleasant to the parties, even if it is difficult to do so;
Honesty: The mediator must be honest to both the parties about any event relating to the proceeding.
Summarising: The mediator must have the ability to summarize the progress made from time to time.