A mediator is an impartial or neutral person, who is a go-between, or link between two or more people. The other people may be referred to as "parties." A mediator does not give legal advice even if the mediator is an attorney.
The parties participate in mediation because they have a disagreement, or conflict they have been unable to resolve. The parties choose to use a mediator to assist with the negotiation process. In many cases here in the State of Maryland, the Circuit Court orders parties to attend mediation prior to appearing in front of a judge.
A mediator identifies and reveals to the parties any potential conflicts prior to beginning a mediation. Additionally a mediator explains the mediation process, and the fact mediation is, within the framework of the law, confidential.
A mediator assists the parties to identify and prioritize the issues relevant to the dispute, remain on track, and discuss the issues identified. A mediator assists the parties with brain - storming, creative problem solving, and identifying options for settlement.
A mediator recognizes the parties' emotions may be an obstacle to negotiation, assists the parties to express and manage emotion during mediation, and to move forward with negotiation. A mediator has good speaking and listening skills, is aware of, and interprets the non-verbal language "spoken" during mediation.
Mediators have different professional backgrounds, personal styles, and training. Parties may evaluate these variables in light of the particular dispute to be mediated.
A mediator's knowledge and experience of the practice of conflict resolution, negotiation, and mediation, are significant to parties who are choosing a mediator.
Where relevant, a mediator suggests to parties the need for outside advisers, e.g., accountants. With the consent of each party attorneys, accountants, and/or other advisers may join the parties in the mediation. The presence of outside advisers does not alter the confidentiality of the mediation.
