13 Main Roles Played by a Mediator in Solving Conflicts
Have you ever been in a conflict? How is the process of conflict resolution conducted? Research shows that more than 30% of conflicts are resolved through the mediation process.
A mediator conducts resolution process ethically, rationally and without any external influence. Process of Conflict resolution should legally bind all the parties involved.
Before a mediator starts the resolution process, he has to understand the steps to analyzing an argument. This will enable him to know where to begin and end the whole process.
For a mediation process to bear fruits, there are roles the mediator should play. The following are major roles performed by a mediator;
1. Setting dates for first meeting
The mediator is mandated to contact both parties involved to allocate a date for the first meeting. He may also decide to reach the attorneys of both parties to discuss issues pertaining the meeting.
The mediator may request parties involved to sign terms and conditions’ agreement. Such agreements will provide a guideline of how the mediation process will be conducted.
2. Conduct thorough research on subject matter
Mediation involves negotiations which are based on legal merits. A mediator ensures that the right legal processes are followed. Therefore, prior to any mediation process, the mediator is obliged to conduct a research.
He/she might review past research papers which have been conducted previously on the subject matter. This provides him with different ideas on how to resolve issues.
Carrying out a study will also help him to get a snapshot of how similar cases have been resolved. This will place him in a better position in the conflict resolution process.
3. Creating unbiased environment
The mediator prepares all parties in question physically, legally and emotionally. He should be neutral to avoid conflict of interest. Furthermore, he should maintain unbiased communication with concerned parties.
By creating a good environment, all parties will feel free to take part in negotiations without fear. It will also prevent instances of prejudice, duress and unworthy threats.
In case of a burning issue, each party should ask for clarity. Participants will get immediate feedback. This will ensure an amicable solution is reached.
4. Give a brief description of his role during the conflict resolution process
During the first meeting, all parties involved should know the role of their mediator. The mediator should explain his position in the mediation process. He is also mandated to point out the roles of each party during the mediation process.
The mediator Should also explain how negotiations will be conducted. However, it will be based on particular statutory provision governing confidentiality.
A mediator should contact both parties to arrange for the first meeting. He is responsible for educating the selected date will be convenient to all parties. In case one party is not contented, the mediator will liaise with all parties to set a date.
6. Educating the parties to mediation
The mediator is responsible for educating all parties on the mediation process. He should address issues on alternative forms of resolution, unethical resolution practices and research.
He can also highlight different options and principles which can be used. Furthermore, applicable court standards should be considered.
7. Facilitate Communication between parties
A mediator makes sure that all parties are heard during the mediation process. During negotiations, he should ensure that the set terms and conditions.
In case of disagreements between parties, he will take charge of the meeting and bring it back to order. He will ensure that all negotiations are carried out peacefully.
During the negotiation process, miscommunication may arise between parties involved. It is the responsibility of the mediator to rephrase communications for a better understanding.
9. Questioner and Clarifier
In the mediation process, all participants should be on the same page. The mediator is in full capacity to examine issues and make clarifications.
10. Process Advisor
A mediator is the main controller of a mediation process. He suggests procedures to make the process effective. Such recommendations may include; consultations with legal experts, conducting caucus meetings etc.
11. Problem explorer
The mediator helps the parties to analyze their issues on different point of view. This enables them to come up with a mutual agreement in favour all participants
12. Acts as a Catalyst
The mediator suggests different opinions, perspectives and points of reference for consideration. He acts as a stimulant to reach a common agreement in the negotiation process.
13. Responsible Detail Person
It is the responsibility of a mediator to ensure that all important information is managed and kept in good records. He ensures that the parties’ agreement is written to aid in the implementation process.
Conflict resolution should be based on legal grounds. A mediator should understand his/her roles and those of their clients before carrying out any Mediation process. It will make all parties satisfied once an agreement is reached.