mediator

You enjoy helping parties work through their conflicts, a career as a mediator may be a great choice for you. In this role, you can utilize creativity and problem-solving skills and work collaboratively with the parties to help them reach a mutually satisfying solution. Fully understanding the mediator role can help you determine whether you have the right skills and interests.

Mediator

What is a mediator?

A mediator is a trained professional who acts as a neutral facilitator during the mediation process. Mediation is a procedure where parties discuss disputes and the mediator—the impartial third party—helps them reach an agreeable settlement. Some common situations in which mediators play a role include:

  • Commercial transactions
  • Worker’s compensation
  • Divorce
  • Domestic relations
  • Labor or community relations
  • Legal depositions or settlements
  • Other matters that do not require complex procedural issues

Mediator roles

The role of the mediator is to bridge the interests of two opposing parties by defining their issues and eliminating obstacles to communication. They guide the conversation and the process to minimize or eliminate confrontation and ill will. They will seek concessions from each party to identify the middle ground and provide steps for each party to follow to enact a reasonable solution. The daily duties, roles and responsibilities of a mediator include:

  • Convener: A convener helps the two parties to arrange for the meeting to happen and helps determine factors such as the time, location and involved parties.
  • Educator: The mediator educates the involved parties about the process, other alternatives for resolving the conflict, issues that are usually addressed during the mediation process, court standards, research and principles that may be considered.
  • Facilitator of communication: As a neutral third party, the mediator is present to ensure each party is fully heard during mediation by facilitating communication and ensuring proper language, behavior and listening.
  • Translator: In some cases, the mediator may help to increase understanding by rephrasing or translating communication so it is better received and more accurately presented.
  • Clarifier: The mediator confirms that everyone sitting at the mediation table fully understands one another by clarifying through repetition or summarization.
  • Process advisor: They act as an advisor, suggesting procedures for moving forward with mediation discussions. This can include consulting with legal counsel or outside experts.
  • Angel of realities: The mediator may exercise the right to question the practicality of solutions and whether they are consistent with the goals and interests that the parties expressed when beginning the mediation process.
  • Catalyst: To help the parties reach a more rapid agreement, the mediator can suggest different resolution options, stimulate new perspectives or offer reference points to consider.
  • Detail person: The mediator keeps track of necessary information and writes up the final agreement after the parties reach a resolution.

Mediation steps

1. Introductory remarks

When all parties are present, the mediator makes introductions. When everyone is ready and comfortable, the mediator gives an opening statement and outlines the role of the involved parties and their role as a neutral third party. They then use this time to explain the protocol for mediation to the parties and set the time frame. These opening remarks help the mediation process run smoothly. Some mediators also confirm the case data if briefs have been submitted in advance and may comment on what they believe to be the primary issue.Related: How To Become an Arbitrator

2. Statement of the problem

After opening remarks, the mediator allows each party to fully share their side of the story without interruption. This allows each party to share the issue from their perspective and allows the mediator to gauge the emotional state of each party. If the parties have their lawyers present, they may give the initial statement. However, the mediator also asks the client to make a statement for themselves.Related: How To Become a Family Mediator in 6 Steps (With Tips)

3. Gathering of information

During this stage, the mediator asks open-ended questions and repeats back key ideas and frequently summarizes statements. This style of information gathering ensures clarity and also helps build rapport with the parties. The mediator may also take notes or record information for future reference and accuracy.

4. Identification of the problems

Ultimately, the mediator’s goal is to identify what the issue is, and in cases with multiple, which issues can be settled first or at all. This can occur throughout the prior two stages as well. They may use follow-up questions, outside sources and professional knowledge to prioritize and evaluate issues during this step.Related: Arbitrator Versus Mediator: What’s the Difference?

5. Bargaining and idea generation

In this stage, the mediator may propose a brainstorming session to identify several potential solutions. The mediator may also suggest a private caucus. This allows each party to meet privately with the mediator to discuss the strengths and weaknesses of each position. Each party enters a separate room and the mediator goes between the two rooms to discuss the problem and exchange offers. The mediator continues this process as needed during the time allotted and uses advanced conflict resolution skills to facilitate a positive solution for all parties.

6. Resolution

When the parties come to an agreement, the mediator typically puts the provisions in writing and asks each party to sign that they agree. If the parties cannot reach an agreement during the designated amount of time, the mediator may help them determine whether negotiations should continue over the phone or whether to meet again at a later date for additional intervention. If the parties agree to meet again, the mediator may repeat the mediation process at the next meeting to identify further issues and attempt additional resolutions.

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