A mediator’s role is to support disputing parties in finding their own solutions. Often acting as a catalyst, the mediator facilitates communication between parties and opens up new pathways to resolution. However, it’s essential to have a clear understanding of what a mediator’s role entails—and what it doesn’t; unrealistic expectations can complicate the process. Here’s a guide on what mediators do—and don’t do—during the mediation process:
What a Mediator Does
- Designs the Negotiation Process: Every dispute is unique, and the mediator tailors the process to best suit the parties’ specific needs.
- Assesses Suitability: Is mediation the right approach for this dispute? The mediator guides the parties in determining whether the process is appropriate.
- Brings the Right People Together: The mediator ensures that the appropriate people are involved and provides guidance at every stage of the process.
- Clarifies the Flow of Negotiation: They outline the steps to be followed and explain the progression of the process.
- Creates a Supportive Environment: The mediator establishes a secure setting where parties can speak openly and freely.
- Sets Ground Rules: To facilitate an effective process, the mediator establishes necessary foundational guidelines.
- Assists in Understanding Perspectives: By encouraging the parties to see each other’s viewpoints, the mediator fosters mutual understanding.
- Breaks Negative Communication Cycles: The mediator encourages constructive dialogue to help parties move beyond negative communication patterns.
- Clarifies Misunderstandings: Throughout discussions, the mediator works to clear up any ambiguities that may arise.
- Ensures Honest and Fair Relationships: At every stage, the mediator strives to maintain a fair and balanced environment.
- Evaluates Realistic Solution Options: The mediator helps the parties realistically assess potential solutions.
- Supports Agreement Reaching: The mediator facilitates the parties in reaching a final, mutually acceptable agreement.
What a Mediator Does Not Do
- Takes No Sides: The mediator is entirely neutral and maintains an equal distance from both parties.
- Does Not Make Decisions: A mediator does not impose solutions; decisions are fully left to the parties.
- Does Not Force Agreement: Mediators do not dictate terms to the parties; the final decision is entirely based on the parties’ free will.
- Does Not Decide Who’s Right or Wrong: Mediation’s purpose is not to establish a winner or loser but to guide the parties toward a shared resolution.
- Does Not Provide Legal or Financial Advice: The mediator is not an expert advisor. Legal or financial guidance may require input from lawyers or financial advisors.
- Does Not Offer Psychological Support: Mediators do not provide therapy or counseling services; for emotional support, participants may seek assistance from psychological counselors.
The Mediator as Messenger: “Shuttle Mediation”
In some cases, the mediator may take on the role of a messenger between parties. Known as “Shuttle Mediation,” this method involves the mediator meeting with each party separately to convey each side’s views to the other. However, whenever a secure environment permits, direct communication between the parties tends to yield the best outcomes.
The role of the mediator is to help parties find their own solutions and maintain neutrality, ensuring the entire process remains under their control. Mediation offers a quicker, more cost-effective, and less damaging alternative to litigation for resolving conflicts.
Source: World Bank / MEDIATION SERIES MEDIATION-ESSENTIALS
