What is the role of the mediator in a mediation process?

A mediator is an impartial third-party who facilitates communication between two or more parties to try and help them resolve their dispute in an Alternative Dispute Resolution (ADR) process. In the state of Washington, a mediator’s role is to provide a neutral environment, ensure fairness and equity between the parties, and help them communicate effectively with the aim of reaching a resolution that is mutually beneficial. The mediator is not a judge or an arbitrator and does not decide who is right or wrong. They will not provide legal advice either. Instead, their job is to help the parties identify the issues, weigh the options, and work out a resolution that is acceptable to both parties. The mediator will work with the parties to create an agenda, suggest various options and scenarios to explore, and encourage the parties to come to an agreement without taking sides or providing advice. They will help the parties modify any proposed agreements so that they are legally enforceable and in line with the law. If the parties cannot reach a resolution, the mediator will also help them consider other options. Throughout the process, the mediator will work to ensure that the conversation is respectful and equitable, and will help the parties to focus on the future rather than past issues or grievances. The mediator’s role is to create an atmosphere of openness and understanding in which the parties can confront their differences and work toward an amicable solution.

Related FAQs

What types of disputes can be addressed through alternative dispute resolution?
How do arbitration awards differ from court judgments?
What types of disputes can be addressed through private judging systems?
How can a party appeal an arbitration award?
What happens if an agreement is not reached at a mediation hearing?
What types of evidence can be presented at a collaborative law process?
What are the benefits of using mediation?
Can discovery be conducted in a mediation process?
What is the cost of using a collaborative law process?
When is it appropriate to use alternative dispute resolution?

What is the role of the mediator in a mediation process?

Related FAQs

Related Blog Posts