The Mediator brings negotiating, problem-solving and
communication skills to the process, deployed from a
position of independence and neutrality, making real
progress possible where direct negotiations have stalled.
During the mediation process the mediator fulfils several
important roles:-
-
A manager of the process, providing firm but sensitive
control conveying confidence that it is all worthwhile
and giving momentum and a sense of purpose and progress
-
A facilitator helping the parties to overcome deadlock
and to find a way of working co-operatively towards
a settlement that is mutually acceptable
-
An information gatherer absorbing and organising
data and identifying common ground shared goals
and zones of agreement.
-
A reality tester helping parties take a private
realistic view of the dispute rather than public
posturing and muscle flexing.
-
A reality tester helping parties take a private
realistic view of the dispute rather than public
posturing and muscle flexing.
-
A problem solver bringing a clear head and creative
mind to help the parties construct an outcome that
best meets their needs when compared with the alternatives
of non agreement or an imposed decision by an arbitrator
judge or jury.
-
A sponge that soaks up the parties feelings and
frustrations and helps them to channel their energies
into positive approaches to the issues.
-
A scribe who writes or assists in the writing of
the agreement checking that all issues are covered
and that all terms of the agreement are clear.
-
A settlement supervisor checking that settlement
agreements are working and being available if problems
occur this is occasionally requested.
-
A settlement prompter who if no agreement is reached
at the mediation will help parties to keep the momentum
towards settlement.
To become an accredited mediator takes time, effort
and no short measure of experience. Claire Rutter is
an accredited mediator having undertaken the rigorous
training and assessment required by the Centre for Dispute
Resolution (CEDR) in 2000.
The essence of mediation and the reason for its success
is that it introduces a powerful structure and dynamic
into any negotiation or dispute discussion. The mediator
acts as a catalyst being an independent neutral who
is committed to helping the parties to settle but who
does not have a stake in the dispute either as a party
or as an advocate or representative.
In contrast to litigation and arbitration ADR provides
an opportunity even when direct negotiations have failed
for parties to control the outcome of their dispute.
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