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What Does A Mediator Really Do At A Mediation?

Posted: Friday, 4 January 2019 @ 13:43

It may not necessarily happen and this can be down to the (in)competence of the mediator but  the mediator’s role is to act as a catalyst to enable the parties to resolve the difficulty for themselves.

To do this the mediator will:  

  • Establish exactly what the dispute is about.  
  • Clarify the positions of the parties and translate them into terms that are clearly understood by the parties.  
  • Establish what is important and what is not to each of the parties, give priorities to these various requirements.  
  • Establish areas of overlap and help each side to a position of compromise.  
  • Extend discussions into matters or proposals not previously considered.   Make suggestions to each party concerning alternative solutions.  
  • Exert pressure for a solution to be reached and seek a face saving formula where appropriate.  
  • Overall the mediator cannot and should not take responsibility for settlement.
  • The most important goal for the mediator is to ensure that the parties are given every opportunity to confront their differences, understand them and try to resolve them. He or she will try to break down barriers.
These are the things you are looking and expecting to happen from the mediator and the day of your mediation.