Role of an Effective Mediator



Mediation is a form of alternative dispute resolution which aims to assist disputing parties in reaching an agreement through the use of a trained third party facilitator. The process differs from arbitration in that resolution at mediation must be brought about by achieving a voluntary consensus between the parties. On the other hand, in an arbitration, although the decision to engage in the process may or may not be voluntary, the result is a legally binding decision.

Mediators therefore play a unique function in that they must be skilled in bringing about a consensus between the disputing parties. There are a number of roles that an effective mediator will have to assume during the course of a mediation. These include:


-Translation of the parties’ positions.

-Transmissions of facts that the parties may be unaware of.

-Making sure that the parties focus on their interests rather than getting bogged down on their positions.

-Working with the parties to discover or create options.

-Where required, bringing a “dose of reality” to the parties.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Herbert Silber, Kornfeld Mackoff Silber LLP | Attorney Advertising

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