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Mediators’ Personality – Does it Matter?

Posted on 09/11/2015 · Posted in Mediation

Like a judge, a mediator is an objective third party in the dispute resolution process. But the similarities end there. A mediator is not there to pass judgement on or settle a dispute, but rather to facilitate an agreement or settlement amongst the disputing parties. A positive outcome does not just depend on the willingness of both parties to come to an agreement, but rather the ability of the mediator to facilitate, remain neutral, and to build rapport with both parties.

To that end, does a mediator’s personality matter? Yes. Mediators vary as much as human beings and a mediator’s particular personality can make the difference between a successful and efficient mediation where all parties are satisfied with the outcome, or an unsuccessful one.

First impressions

We are all guilty of judging a book by its cover, but a mediator needs to make a good first impression. A professional, confident and organised appearance from the outset will give disputing parties confidence in the mediator’s credibility and set proceedings off to a positive start.

Trust

It is essential that a mediator is good at building trust. In dispute resolution proceedings emotions may run high and each party may come to the table with certain preconceptions or concerns. A mediator needs to demonstrate from the outset that he or she is experienced, knowledgeable and objective.

To be trusted is a greater compliment than being loved.”
George MacDonald

Listening

A mediator needs to have exceptional listening skills, able to understand, digest and evaluate the detailed evidence or information being put before him or her. The right listening skills will also help a mediator understand the mood and psychology of each party, all crucial subtleties that help the mediator do their job.

Showing Initiative

A mediator doesn’t just need to be a good listener, but just as importantly needs to step in when needed. Because facilitation is such a key component in the mediation process, the mediator needs to be able to get to grips with the situation quickly and show initiative by facilitating both parties towards potential creative solutions or options.
Mediation is now a proven and highly effective method of dispute resolution, but the personality of the mediator is a crucial component to effective dispute resolution. Read more in How to Choose a Mediator

Expert Evidence Limited is a professional firm concentrating on the four main areas of dispute resolution; acting as expert witnesses in financial litigation, mediation, arbitration and adjudication. The firm has a civil, criminal and international practice and has advised in many recent cases. Areas of specialisation include banking, lending, regulation, investment, and tax.

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Disclaimer – Please confirm any of the above views with your solicitor. Expert Evidence takes no responsibility or provides any guarantee that the views above are correct for your particular case or jurisdiction.