The qualities of a good mediator that you should be aware of.
CHAMAN LAW FIRM
2/5/2022 0 min read
QUALITIES OF GOOD MEDIATOR
There can be a long list drawn of the qualities, which a mediator should possess.The role of a mediator is generally considered to be a calm, guiding force that is focussed on reparation for all parties. The attempt here is to lay down a few basic qualities, which every mediator should have. They are as follows:
One of the reasons that the parties opt for mediation is that they do not either want to wash dirty linen in public or if it is a trade dispute they don’t want others to know their trade secrets or they know that adjudication of dispute in the open forums like court may lead to their making their financial condition public. The parties to the dispute approach the mediator with the hope that what ever would come to the knowledge of mediator during the proceedings will remain with him only.A good mediator inspires trust.
There can be situations like in the case of community mediations where it may not be necessary for a party to be educated. It is sufficient that he/she can understand the legitimate concerns of the parties.
Good mediators are seen as friendly, empathetic, and respectful. They listen carefully, appreciate the emotions and needs that underlie each conversation, and come across as genuinely concerned with the well-being of everyone involved. When they acknowledge feelings, display an appropriate sense of humor, and convey a sense of optimism, both sides to a dispute will, in theory, follow suit.
The faith reposed by the parties in the mediator at the time of his appointment needs to be maintained not only till the entire proceeding is over but also there after. This faith should not only exist but also seen to be existing all the time. Neutrality is that overt act or those overt acts of a mediator, which give reason to the parties to believe that they can continue to have faith in him. A mediator should never give an impression that he is leaning in favor of any of the parties. His conduct should reflect that he is paying equal respect to both the parties; he is paying equal attention to both the parties; he is not extraordinarily respectful to one of the parties; he is not extraordinarily chatty with one of the parties and so on. This neutrality should get reflected not just inside the mediation room but also outside. It is the neutrality, which reinforces trust.
Dedication is a sterling quality in all professionals, and mediators are no exception. When they devote time before each session to properly prepare and work diligently to achieve a positive outcome in every situation, their effectiveness in dispute resolution increases. Clients are quick to perceive when a mediator is applying extra effort to bring about a fair conclusion.
The less emotive trait of a good mediator is perceptiveness. Parties to a dispute want mediators who can quickly grasp a situation, understand its complexities and dynamics, and provide a clearer understanding of options by analyzing the issues and identifying risk. This level of perceptiveness enables more creative problem solving and increases the chances of an outcome that both sides find acceptable.
A mediator who shows sincerity and open mindedness is far more likely to encourage openness and cooperation from all those involved. When it comes to successful mediation, impartiality is as important as approachability. To be effective, a mediator must be able to control their feelings and not invest emotionally in the outcome of the proceedings. That way they are better able to create, identify, and take advantage of opportunities that help both sides realize their goals.