Alternative Dispute Resolution: Roles of a Mediator and Qualifications

This article discusses the roles of a mediator in a mediation, his qualification and what make an effective mediator. Learn about the benefits of Alternative Dispute Resolution (ADR) and how it complements the court system. The article also covers the qualifications required to become a legal mediator.

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Alternative Dispute Resolution
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Alternative Dispute Resolution
Abstract
Basically, there are two major legal way for people to settle down their disputes. The court
system is one of them which usually very stern and strict to the law. In most cases the wrongdoer
is punished through a jail term or coerced by the law to pay damages to the wronged. The other
method is through dialogue (arbitration or mediation) by intervention of a third party. This article
discusses the roles of a mediator in a mediation, his qualification and what make an effective
mediator.

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The Role of a Mediator
The mediator helps and give guidelines to the conflicting parties of individuals towards a
resolution. He or she does not make a decision of the outcome but assist both parties to focus and
get understanding of the crucial issues required to make a resolution. FINRA mediators are
equipped with skills to sift through the facts, personal interests and emotions of parties involved
to mark the major issues and what would be a fair outcome for them (Stone, 2014). The
mediators’ securities professionalism assist them to evaluate the issues and examine the
weaknesses and strengths of the cases presented by the parties. He or she also presents creative
techniques and innovative elucidations while ensuring his or her perception is no biased.
The role of a mediator in a mediation in include:
 To carry out the mediation process in a fair and unbiased approach
 To reject or pull out of a mediation in case he feels that is impartiality is threatened
 To ensure there is no conflict of interest or an outlook of a conflict interest at the time of
and after the process
 Making rational inquires to project any future conflicts
 Making sure the mediation remains confidential and
 To carry out the mediation according to FINRA provisions, the stipulations of Standards
of Conduct for Mediators, and the Code of Mediation Procedures
All mediators should have specific fundamental qualities which include:
 Unconditional, genuine and complete faith in the entire process and its efficiency
 Commitment and ability to fight for brilliance in the art through constant knowledge and
skills update

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 Alertness, sensitivity and capacity to respect, perceive and appreciate the sentiments,
needs, emotions, mindset, frame of mind, aspirations, and interests of the engaged parties
 High integrity and honesty standards both in conduct and behavior
 Effective skills of communication
 Perseverance, patience and persistence
 Non-judgmental, neutrality and objectivity
 Be a listener with patience, attention and the ability to be active
 Have a flexible and open mind
 Creativity
 Empathy
Mediation is an ADR approach where and impartial and neutral third party expedites
dialogue in a multi-stage structured process to assist parties arrive at a conclusive agreement that
is mutually fulfilling. The intermediary (mediator) helps participants to articulate and identify
their individual interests, needs, wishes, and priorities to each other. The process should be a
peaceful conflict tool of resolution complementary to the convention court system. Both
mediation and arbitration encourage similar ideals like justice aces, quick hearing, decreased
court congestions and fair results (Will, 2008). In other words, the process is a creative
alternative to the existing systems of court that is non-binding and voluntary.
Mediation becomes successful since it provides the parties with an opportunity to express
their personal anxieties and interests that relevant to their misunderstandings. It offers the
involved parties the chance to establish a mutual satisfactory result through creation of
outstanding solutions precisely made to meet their needs (Sourdin, 2008). Therefore, the
mediator must me an impartial and neutral individual who does not judge or decide. He is an

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active regulator of the negotiation between the two parties. He applies specialized skills of
communication and negotiation o help the parties I arriving at an equal agreement.
All the three parties must adhere to a special set of protocols that require all of them to work
together. This enables them to concentrate of the actual challenges and problems between the
disputants. Rather than in the court room the parties are given the opportunity to express their
interests in a setting that is less adversarial. At any time of the process, the parties have the right
to withdraw and defer their differences to the court system.
According to prior seminars, videos and readings, a legal mediator must not necessarily
have legal background. The work of legal mediators is help disputants have an alternative
approach to resolve their issues outside the court room. While the reason for legal mediation is to
arrive a satisfactory settlement, it is non-binding and the resolution is the responsibility of the
parties involved. All legal mediators must have quality skills of communication both in wring
and orally (Sourdin, 2008). Additionally, it is important for them to possess the ability of
synthesizing huge amount of complex information and facilitated solutions negotiation.
There is no specific procedure for one to be a legal mediator. A person can join the
profession through programs of training, experience on practice or getting advanced education
on mediation and conflict resolution. Legal mediators mainly have to go through several training
hours on mediation skills. The reading have at different instances stated that advanced
knowledge in mediation can be acquired from post-secondary schools, mediation organizations
and independent programs.
The training for legal mediators equips them with skills to help in resolving legal
disputes. Through effective communication and personal skills, lender an ear, provide guidance

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and offer assistance for the parties to reach a mutually fulfilling agreement (Resolution, 2013).
Required qualification and education in this particular field varies.
Conclusion
Legal mediators should behave as nonpartisan assistants disputants who need to have
their law matters settled outside the court system. They should help their clients to have a
resolution that benefits both. There are numerous programs provided for training such as post-
secondary and independent firms. Nevertheless each state has their own methods of qualification
and licensing for the practice. A degree in law is therefore no mandatory for legal mediators.

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References
Resolution, A. D. (2013). Alternative dispute resolution.
Stone, K. (2014). Alternative dispute resolution.
Will, P. (2008). Alternative Dispute Resolution. SMUL Rev., 61, 519.
Sourdin, T. (2008). Alternative dispute resolution (pp. 1-490). Thomson Lawbook Company.