Conciliation, Mediation, Arbitration, Negotiation
Posts tagged mediator’s chracteristics
Who says you’re a mediator
May 16th
“The first part of the workshop on mediator accreditation at 7th National Mediation Conference, Darwin 2 July 2004 involved a facilitated discussion on the question of
‘who says you’re a mediator?’ Matters to arise out of the discussion included:
· There are many accrediting authorities and panels;
· The parties say who is a mediator, as the mediator keeps getting work;
· A training course does not make a person a mediator;
· It is hard to say at what point one ‘becomes a mediator’, but it is possibly after
· hundreds of hours of experience;
· Sometimes practitioners feel like ‘mediators’, other times not; and yet people
continue to see themselves as lawyers, psychologists, etc;
· A good mediator may well be ‘invisible’ as the parties own the outcome.
What are you doing when you mediate?
Client outcomes
· Assist clients achieve their stated aims;
· Assist people to work together with respect;
· In practice, try and help people find their own answers and keep them out of court,
if possible;
· Help people communicate better;
· Make a happy and healthy person;
· Help people talk and, more importantly, listen
· Assisting couples to [reach] agreement around family issues;
· Clients achieve outcomes they can live with and feel they own and can implement.
Orientation to the parties
· Support;
· Stay non-judgemental;
· Be humble and keep a sense of humour;
· Meet the clients where they are at;
· Be reflective and responsive to clients’ needs;
· Be respectful;
· Help people;
· Remain impartial;
· We hang in there;
· Enjoy talking to people, enjoyment of rich tapestry.
How do you know you have done it well?
Feedback from clients – informal/immediate
· Direct and indirect client feedback at stages of the mediation;
· When the clients tell me I’ve done it well;
· [or say] ‘it was so calming’;
· Strong, positive client feedback;
· Post-mediation party said, ‘Boy, you’re good’;
· A kiss on the cheek;
· A bag of avocados;
· Thank you from client.
Feedback from clients– formal/follow up
· Client satisfaction;
· Parties feel positive, three months on;
· Feedback evaluation sheets;
· Client feedback forms;
· Testimonials;
· Client surveys (including online);
· Ask/elicit clients for feedback [and] use feedback received for training and
· improving processes;
Abstracts from “Who says you’re a mediator? Report on NADRAC workshop on mediator accreditation at 7th National Mediation Conference, Darwin 2 July 2004”




