The Mediator's Role

The Mediator brings negotiating, problem-solving and communication skills to the process, deployed from a position of independence and neutrality, making real progress possible where direct negotiations have stalled.

During the mediation process the mediator fulfils several important roles:-

• A manager of the process, providing firm but sensitive control conveying confidence that it is all worthwhile and giving momentum and a sense of purpose and progress
• A facilitator helping the parties to overcome deadlock and to find a way of working co-operatively towards a settlement that is mutually acceptable
• An information gatherer absorbing and organising data and identifying common ground shared goals and zones of agreement.
• A reality tester helping parties take a private realistic view of the dispute rather than public posturing and muscle flexing.
• A reality tester helping parties take a private realistic view of the dispute rather than public posturing and muscle flexing.
• A problem solver bringing a clear head and creative mind to help the parties construct an outcome that best meets their needs when compared with the alternatives of non agreement or an imposed decision by an arbitrator judge or jury.
• A sponge that soaks up the parties feelings and frustrations and helps them to channel their energies into positive approaches to the issues.
• A scribe who writes or assists in the writing of the agreement checking that all issues are covered and that all terms of the agreement are clear.
• A settlement supervisor checking that settlement agreements are working and being available if problems occur this is occasionally requested.
• A settlement prompter who if no agreement is reached at the mediation will help parties to keep the momentum towards settlement.

To become an accredited mediator takes time, effort and no short measure of experience. Claire Rutter is an accredited mediator having undertaken the rigorous training and assessment required by the Centre for Dispute Resolution (CEDR) in 2000.

The essence of mediation and the reason for its success is that it introduces a powerful structure and dynamic into any negotiation or dispute discussion. The mediator acts as a catalyst being an independent neutral who is committed to helping the parties to settle but who does not have a stake in the dispute either as a party or as an advocate or representative.

In contrast to litigation and arbitration ADR provides an opportunity even when direct negotiations have failed for parties to control the outcome of their dispute.