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What is the Mediator’s Role?

The Mediator is trained to facilitate the communication process between the parties by skilfully navigating through difficult and highly emotional issues, bringing an independent perspective to the table in a safe, supportive and confidential environment. The mediator acts impartially, assisting the parties both jointly and separately to reach consensus. One of the mediator’s strengths is the ability to create a more productive discussion than the parties could have had by themselves. Using a variety of communication strategies and facilitation techniques, the mediator helps the parties determine facts; keep focused and generate options to assist them in finding a solution. Often the mediator has a lot of background knowledge of the issues and type of dispute.

The mediator’s role includes:

• facilitating structured communication between the parties;
• assisting the parties to work out what the dispute is about by isolating the issues involved;
• encouraging co-operative problem-solving and discouraging the parties from taking entrenched positions;
• helping to determine where the parties have common, compatible and conflicting interests and where appropriate, selectively sharing such information with the other parties;
• systematically exploring issues and mutually beneficial solutions by focusing on the interests and personal needs of all parties;
• generating options that meet the needs and interests of all parties in an effort to resolve the dispute;
• managing and making decisions about the process to achieve a ‘win-win’ outcome for all parties.

Although mediators may at times provide ideas, suggestions, or even formal proposals for settlement depending on what has been agreed, the mediator principally acts as a "process person," and helps the parties set an agenda, identify and reframe the issues, communicate more effectively, find areas of common ground, negotiate fairly, and hopefully, reach an agreement. A successful mediation effort has an outcome that is agreed to, and ‘owned’ by the parties themselves.

The Mediator does not decide the outcome of the dispute or impose any binding decisions. Most agreements are compromises and parties do not always get everything they would ideally like. A successful outcome will be an agreement that all parties can live with and abide by. The mediator will not advise on the solution or encourage or coerce a party to accept a particular solution; provide legal advice or advice on legal avenues available to the parties or on the prospects of success.

Characteristics of a Mediator:

1. The patience of Job.
2. The sincerity and bulldog characteristics of the English.
3. The wit of the Irish.
4. The physical endurance of a marathon runner.
5. The broken field dodging abilities of a halfback.
6. The guile of Machiavelli.
7. The personality-probing skills of a good psychiatrist.
8. The confidence-retaining characteristics of a mute.
9. The hide of a rhinoceros.
10. The wisdom of Solomon.
11. Demonstrated integrity and impartiality.
12. Basic knowledge and belief in the negotiation process.
13. Firm faith in voluntarism in contrast to dictation.
14. Fundamental belief in human values and potential, tempered by ability to assess personal weakness as well as strengths.
15. Hard-nosed ability to analyze what is available in contrast to what might be desirable.
16. Sufficient personal drive and ego, qualified by willingness to be self-effacing.

Reference:  William E. Simkin & Nicholas A. Fidandis, "Mediation and the Dynamics of Collective Bargaining," 43 (1986)

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