Tuesday, January 29, 2013

Understanding the Variety of Roles a Mediator Plays

Many mediators play a variety of different roles once the mediation process starts. Their roles may vary depending on the type of case to the next. The role a mediator plays depends on the type of disputants he or she is facing. One of the major roles for a mediator once the process starts is that of an agent of reality. As an agent of reality, the mediator tests the process to see if it's working correctly. The mediator may do this by asking questions and challenging the parties regarding how their option of choice may work. Additionally, the mediator may check to see if the parties understand the potential ramifications or consequences hiding in the dark to raise its ugly head after implementation of an agreement by them.

Another supporting role the mediator plays is that of a leader. The mediator may take the initiative and thus moves the negotiation onward and forward. This process may take a procedural or substantive path. Since the mediator is the expert in the areas of procedural and substantive issues, this is a wonderful opportunity for the mediator to take the lead and for the parties to follow the lead established by the mediator.

Next, the mediator may act as one who facilitates the process. In this capacity, the mediator is able to teach the parties about the process of negotiation and assist with the procedures to keep the parties on track. In the final analysis, the mediator is the chair of the negotiation process until an agreement is written by the parties.

Furthermore, the mediator may also act as an expander of available resources. The mediator is able to help the disputing parties with technical information so that they should be able to make an applicable informed decision. Additionally, the mediator may help with providing assistance as to where to find relevant resources to smooth out the decision- making process. In this capacity the mediator is able to link the parties with outside resources and experts such as: decision makers, lawyers, technical experts, and the like. These resources should expand the party's options for better decision-making.

Additionally, the mediator may act as a trainer. In this area the mediator educates and helps the parties to see how the mediation process works. The mediator helps the parties to learn how to listen, articulate their options, how to be better negotiators, couch them how to be better participants, and assist them in seeing things in a better light.

These are not the only duties of a mediator. He or she may adopt a variety of roles; however, this should present an understanding of how a mediator is able to help parties in dispute.








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