Good Practice Guidelines For Mediators

The role of the mediator is to help parties reach a solution to their problem and to arrive at an outcome that both parties are happy to accept. Mediators avoid taking sides, making judgements or giving guidance. They are simply responsible for developing effective communications and building consensus between the parties. The focus of a mediation meeting is to reach a common sense settlement agreeable to both parties in a case.

For a mediator to be successful he or she must possess a wide range of skills. One of the most important, but perhaps least appreciated, is the ability to actively listen to what a party is saying and to note what the party is not saying. All too often we hear what we expect someone to say rather than what is actually said. It is a fundamental principle that mediators must not prejudge the case nor impose their own prejudices on the parties. Furthermore, a mediator has to be able to tune into “where the speaker is coming from” and read the “sub text” or hidden messages given out by the parties.

Meeting with your co-mediator:

You may want to check how each of you feeling and how you like to work in order to establish a good working relationship.

Decide how you will conduct the mediation e.g. who will be responsible for the introduction, ending, taking notes, time keeping.

Who will deal with distractions such as people interruptions and people coming in and out?

It is useful to remind yourselves of the approximate time limit set for the mediation and to check whether either of you has a strict time limit, remembering to allow time for de-briefing after the mediation.

The preliminaries:

Introduce yourselves clearly, showing your I.D. badge (if applicable). Ask how they would like to be addressed (Mary or John, or Mr or Mrs etc).

consider where it is best to sit.

establish who is going to be present.

be careful that you get the party’s permission to make notes.

Pre-mediation statements and questions

  • “What are your expectations?”
  • “What are your goals from this meeting?”
  • “What have you tried so far to resolve this?”
  • “What are your expectations of me?”
  • “I can help you to make choices and decisions.”
  •  “I’m not in the situation take sides. My job is to allow you and your colleague to …………
  • “It sounds to me that you want to meet your neighbour. Am I correct?”
  • “Is that what you want?”
  • “How do you see the situation?”
  • “Where you want me to go with this?”
  • “What outcomes or goals are important to you?”

Who will benefit from the course?

This course is of value to professionals and managers in organisations, wishing to introduce mediation to handle workplace conflict swiftly and cost effectively and who handle the following:

Delegates will learn how to:

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