The role of a mediator is to help the parties in a dispute to find and explore mutually satisfactory solutions. It is a process that is much quicker and less expensive than litigation. Mediation is also private compared to a trial which can be open to the public, and can allow the parties to resolve their dispute without ever having to go to court.
It is important to understand that a mediator is not a judge, and a mediator does not make decisions for the parties. Mediators are skilled in helping the parties to consider different options, but they do not impose solutions.
Mediation is a voluntary process, and the courts can require cases to be mediated. The parties can choose whether to participate in mediation, and if they do they can decide not to settle. However, the benefits of mediation are considerable.
In a trial or arbitration, the parties present evidence and argument so that a judge or jury can decide on the outcome of their dispute. In mediation, the mediator facilitates a conversation between the parties as they talk through their issues and ways that the matter could resolve.
The mediator can also help the parties to manage emotions and communication, assisting them to express their views calmly and clearly, and to listen to the other side’s point of view. The mediation is conducted in a safe environment where both parties can be heard. The mediator will meet with each party privately and sometimes together, depending on the nature of the case and the needs of the parties.
A mediator should disclose any potential conflicts of interest to the parties. This is because they have a duty to act independently and impartially. If a mediator feels that they cannot do this, they should withdraw from the mediation and not proceed.
One of the most common misconceptions about mediation is that it enables people to take revenge on another. While it is true that some disputes can be resolved through mediation, the majority of them are not resolved this way. Mediation can be a useful tool for addressing many types of conflict, including workplace conflicts, family disputes and neighbour disagreements.
An independent mediator will be a person who is not connected to the dispute in any way, and will be free from bias or influence from the parties. This is a fundamental requirement of any mediator, and it is enshrined in the European Union Model Code of Conduct for Mediators of 2004, which is often referred to as “the mediators bible”.
It is important for any person who is considering using a mediation service to contact an experienced solicitor, or to speak to a lawyer about their dispute before they attend a mediation. The mediator can’t give the parties legal advice, but a solicitor can assist them in understanding their rights, what their case might be worth and what they should accept as a settlement. They can also explain how mediation works, and what it might involve. independent mediators