What Is the Importance of Mediation?
Mediation is a comprehensive, non-heated, collaborative process in which disputing parties to assist in resolving conflicts through the use of mutually beneficial communication and negotiating techniques. All participating parties in mediation are encouraged to freely communicate and negotiate with the other party, thus ensuring that all issues are taken into consideration.
The mediator’s role in mediating is to guide both parties in the negotiation process. During mediation, the mediator works with each party in a “neutral” state and observes both sides to ensure that they are in agreement. The mediator is not an expert in the subject matter or in the dispute and his role is limited to his interpretation of the other party’s actions, reactions and actions as well as his observations and comments on his own part.
The mediators work in close collaboration with the parties and are bound to stay abreast of all the important events. However, they are expected to keep their comments brief and to the point. They are not allowed to make any opinions about the case; only to provide relevant advice to both parties and offer advice on what the parties should do next. The mediator will not offer his/her own opinion about the matter; he/she will provide information that has already been communicated between the parties in order to guide the parties in the right direction.
In some cases, the mediator may offer his/her own advice in order to help the parties reach a conclusion without having to take a stand in favour or against the party. In this case, the mediator acts like an advocate and his/her role is to facilitate the discussion between the parties, to guide them towards a mutual agreement, and to make suggestions in order to improve the situation.
While the mediator can only provide advice, it is up to the parties to be open and honest with each other so that the mediation sessions can help them resolve their specific issues. In addition, the mediator is not required to offer legal advice and cannot make decisions about the case. However, the mediator can suggest the parties to make decisions based on their legal advice.
Different mediators may present themselves as being impartial, but they can actually lean one way or the other in the direction of either party. In addition, the mediators might be biased towards one party or might be on the side of the opposing party. In this case, the mediator’s opinion could be influenced by the mediator’s own agenda. This bias can be obvious or subtle. It is, therefore, very important to find a mediator who presents themselves as neutral and is honest with the parties.
A mediator is a valuable resource in mediating because of the mediator’s ability to bring out the best in both sides and to build trust between the parties. In some cases, the mediator has to deal with the parties on a regular basis; in these cases, however, the mediator’s opinion might not necessarily be reliable and should only be given when necessary. Moreover, the mediator cannot always be relied upon to present a “clean cut” perspective on the case; he/she has to remain as objective as possible and his/her opinions should be as relevant and useful to the case as possible.
Mediators are available all over the world and a person can easily seek the services of a mediator in their locality. It is advisable to choose a qualified mediator as a mediator is likely to have years of experience dealing with various types of disputes. In addition, a mediator has the ability to help clients resolve disputes in more time-efficient and cost-effective ways.
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