So, what does a Mediator do then?
“The role of Mediator is a fascinating and challenging one. To be a facilitator rather than a protagonist, to be neutral rather than partial might give the impression that the role is passive, almost boring and unimportant. The reality is very different – the standard of the Mediator and their training has a profound impact on the success of the process. It takes a lot of qualities to interpret the communication of conflict and transform it into negotiation and agreement – it is a role which demands maturity, discipline, subtlety and highly developed communication skills.”
The mediator’s primary role is as an impartial neutral facilitator who assists the parties toward conciliation, negotiation and agreement. A skilled Mediator will use a variety of communication techniques to instigate or improve dialogue and empathy between the parties. The Mediator provides a safe, confidential and inspirational environment in order to give the parties the best possible opportunity to resolve their dispute.
A Mediator is…
- a highly trained, skilled professional subject to the rigorous MII Code of ethics and standards.
- non-judgmental and non-directive – they will not give opinions on the parties’ actions or positions.
- trained in a variety of conflict resolution techniques and therefore an expert in de-escalating conflicts into agreements.
- a natural facilitator who helps the parties think ‘outside the box’.
- a gifted and trained communicator.
- a guide who encourages the parties through the Mediation process.
- an inspiration to the parties when obstacles arise.
How does Mediation work?
The structure of the mediation process will vary depending on the type of dispute. Generally, an agreement to Mediate will be signed at the outset and the mediator will then meet with the parties together and / or separately, over the course of one day or in sessions over a number of days or weeks. Solicitors or other advisors may attend mediation sessions if required. If agreement is reached this will be recorded and signed at the mediation, and further steps which may be required to make the agreement legally enforceable may follow.
How long will mediation take?
This again depends on the nature of the dispute and how complex it is. Sometimes mediation will be carried out in one day, and sometimes in a series of sessions over weeks or even months. The parties and the mediator will decide how best to structure the mediation. Mediation can be extremely effective in a very short period of time.
Are there any information leaflets?
The Mediators institute of Ireland has prepared some useful videos and leaflets which are available on their website here https://www.themii.ie/about-mediation/information-leaflets