Mediator role

Different types of disputes need different types of mediators. 

To be a good mediator, with own method, experience and personality, professional qualities must be completed with personal qualities. If  from professional point of view the mediator must respect specific principle and rules, from personal qualities point of view the mediators are different one to each other as approach, style and method.

From professional point of view the mediator respects the mediation principles:  is elected and accepted by parties, has the necessary competence to manage the mediation process, is neutral and impartial, keep the confidentiality, do not judge and do not provide solution.

The approach, style and method of each mediator make the difference between types of mediators and mediation models which can be applied.  Are not an ideal mediator or mediation model which can perfectly fits in any kind of disputes, are only parties compatible mediator and mediation model suitable for each kind of dispute.

Sometimes, for reaching a mediation agreement, one mediator and mediation model is not enough, CO-MEDIATION being the best solution.

The mediator role is related to mediation process and to the parties, whether is mediation or co-mediation.

 

Mediator role related to the mediation process:

  • mediation preliminary procedure – the mediator decide if the dispute can be resolve through mediation and can take the case, and the parties decide if accept the mediation and mediation process
  • open the mediation process – the mediator/co-mediators explain to parties the characteristics, rules, stages and effects of the mediation process and the mediator role
  • leading the mediation process – parties statements, exchange and exploring of the information, building the agreement are procedural steps of mediation when the mediator coordinate and manage the communication, argumentation, discussions, negotiations of the parties in the way of resolving dispute
  • ending the mediation process – even the parties reach or not a mediation agreement, the mediator must fulfil the ending mediation procedure through a protocol which is sign by the parties

 

Mediator role related to the parties:

  • facilitating the parties communication with the scope of expositing the problems and exchange information
  • clarify underlying feelings to help parties understand each other
  • ensure that both parties get the opportunity to speak and to listen
  • work with people to find answers that reflect good faith and common sense
  • explore the conflict with the scope of reaching the common interest/interests
  • assist the parties to generate  and negotiate solutions for resolving the dispute
  • help parties to achieve the mediation agreement
  • remain impartial, dont judge and dont provide solution
  • help people find a way through their problem that may not seem immediately apparent

 

The mediator’s ultimate role is to do anything and everything necessary to support parties to reach mediation agreement.

Sună Mesaj