Many people might be confused as to what a professional mediator does. This job is not particularly well-known but it does play an important role in society as well as the legal system. Below is a guide outlining this profession.
What Can They Do?
The role of a professional mediator is to facilitate conversation between two conflicting parties outside the court system. They are a neutral party who helps resolve the issue between the conflicting parties before legal action is undertaken. If the two parties are unable to come to an agreement with the help of the mediator, they may continue their dispute in the courts or pursue other options. A professional mediator’s goal is to discover what each party really wants in the settlement and aid both parties in coming to an agreement. Mediators facilitate compromise and fair solutions. They have the advantage of not being tied down by legalese and proper legal procedure, allowing them to focus on the big picture as well as the heart of the issue.
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What Can They Not Do?
Professional mediators are not legal professionals, although some attorneys and paralegals may take up a mediator role if they choose to do so. They are not judges and their decisions are not legally binding, nor can they issue orders. However, some mediators are qualified professionals in specific fields, such as finance or insurance. They bring their professional knowledge in these fields to the table to help handle disputes. Because their position is neutral, they do not represent one side or the other in a dispute and must remain unbiased at all times. Under no circumstances are they qualified to give legal advice. Even if the mediator is a lawyer, they should not issue legal advice to anyone who is not their client, which participants in a mediated dispute are not.
What Skills Do Mediators Need?
According to the Bureau of Labor Statistics, key skills mediators need include critical thinking skills, decision-making skills, interpersonal skills, listening skills and writing skills. Professional mediators must have excellent communication and interpersonal skills because their entire profession revolves around problem solving and interacting with people. They must have the ability to speak clearly and say exactly what they mean so their words are not misinterpreted. They must also be perceptive, because the root cause of a disagreement is not always readily apparent. Mediators must be able to ask the tough questions and give each party an accurate reality check.
What Is The Mediation Process?
The mediation process can be broken down into several key phases and steps. First, introductory remarks are given. This is when the mediator states the rules, clarifies their role and outlines how the proceedings will go. Rules can stipulate that the parties not interrupt each other, that children wait outside or that clients speak for themselves, even if attorneys are present. The next step is when each party makes their statement. Information gathering and the identification of the problem come next. The last stage is to bargain, identify various options and, hopefully, reach an agreement.
Mediators occupy a space outside the legal system yet are incredibly important to it. A professional mediator can help two parties come to an understanding and resolve their issue without having to go through the courts.