ROLES OF A MEDIATOR

ROLES OF A MEDIATOR

Mediation is a form of alternative dispute resolution. It is a voluntary, non-binding process that allows parties to work with a neutral mediator to try to quickly resolve differences

The easiest way to understand the concept of mediation or who a mediator is by picturing him or her as a middleman when there is a fight, two people not on speaking terms and one person who listens to both sides and give a fair judgment, not supporting any of the parties but resolving the issue with fairness. It is the same idea for who a mediator in but in more legal terms. Parties to a law suit do not always have to go to courts, sometimes a round table meeting or discussion with a mediator can resolve a dispute that would have gone to court and probably dragged for months or years.

The mediator assists and guides the parties toward their own resolution. The mediator does not decide the outcome, but helps the parties understand and focus on the important issues needed to reach a resolution.

The mediator is not also permitted to do the work of a lawyer even if he is one, the parties should seek legal advice from their counsels, the mediator only facilitates or anchors the meeting and help them with neutral views on how to settle the dispute. The settlement cannot also be forced by the mediator, it is the parties in question that decides or agrees if they want the matter resolved or not.

Confidentiality is the cornerstone of the mediation process. The Mediator owes the parties a duty of confidentiality, the mediator cannot be summoned as a witness on what took place and on what came to his/her knowledge during mediation.

However, to every general rule, there is an exception. There are certain instances where the confidentiality rule can be broken. Some of those instances can be:

1. The mediator may disclose to the court any information obtained during the mediation process provided all the parties to the mediation give their written consent.

2. The disclosure is also permitted when the content of the agreement reached between the parties can cause harm to the physical or psychological integrity of a person

3. Where the disclosure is necessary in order to implement or enforce the agreement reached between the parties.

WRITTEN BY: CHAMAN LAW FIRM TEAM

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