What does a mediator do?
A mediator’s job is to give disputing parties the tools they need to solve their own problems effectively. This involves helping each party see the other’s perspective, and guiding the parties toward the goal of finding a resolution. The mediator will ask the parties questions and give the parties information that helps them look at each other’s needs and interests, generate their own options for settlement; and try to reach a mutually acceptable agreement. Very often such an agreement requires both parties to compromise somewhat from their initial demands, but the result is that both parties can be satisfied with the outcome. The mediator is not a judge, and does not give the parties a judgment, but rather helps the parties find a solution that works for them. The mediator is there to help you and other party to find a way to resolve the dispute that you are both satisfied with. If the parties are unable to find a way to solve the problem, they can ask the mediator to make a recommend
Okay, we know you can’t make decisions. We know you can’t issue orders. (‘I’m not a judge or an arbitrator, blah, blah, blah.’) We know you can’t take sides, must always remain neutral. And we know you can’t give us legal advice. And then you tell us mediation is a consensual process. Bummer. Now the other side can walk at will! “So, what DO you do?” Oh, you’ve never said this in so many words, but we’ve read your minds and understand your frustration. In many cases, you’d like the mediator to play judge and settle the matter once and for all, right? The problem is the law and regulations covering the conduct of mediators and the process of mediation do not allow us to do these things, and it’s well they do not. Mediation is your process, not the mediator’s. Decisions are yours and your client’s to make, and mediation is the only forum in which you have complete control over decision making by or in behalf of your client. And, as much as you’d like the mediator to side with you, you do
Okay, we know you can’t make decisions. We know you can’t issue orders. (‘I’m not a judge or an arbitrator, blah, blah, blah.’) We know you can’t take sides, must always remain neutral. And we know you can’t give us legal advice. And then you tell us mediation is a consensual process. Bummer. Now the other side can walk at will! “So, what in the hell DO you do?” Oh, you’ve never said this in so many words, but we’ve read your minds and understand your frustration. In many cases, you’d like the mediator to play judge and settle the matter once and for all, right? The problem is the law and regulations covering the conduct of mediators and the process of mediation do not allow us to do these things, and it’s well they do not. Mediation is your process, not the mediator’s. Decisions are yours and your client’s to make, and mediation is the only forum in which you have complete control over decision making by or in behalf of your client. And, as much as you’d like the mediator to side with
A Baltimore Mediation mediator works on behalf of all participants present to have quality discussion to achieve greater clarity and understanding of a situation and to reach the goals of mediation. The mediator listens to the issues of concern, provides summaries and asks questions to help participants work with each other to decide the appropriate solution. The mediator promotes informed decision making and better understanding of the issues, what is important to all those participating and the possible choices. The mediator does not take sides, make judgments, assess blame, or tell participants what to do. When participants are given the opportunity and assisted with quality interaction, informed decision making and workable solutions are natural byproducts. Baltimore Mediation mediators follow a transformative approach to mediation and follow the international Association of Conflict Resolution’s ethical Standards of Practice for Mediators.
