Alternative Dispute Resolution: Roles of a Mediator and Qualifications

Running head: ALTERNATIVE DISPUTE RESOLUTION 1
Alternative Dispute Resolution
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ALTERNATIVE DISPUTE RESOLUTION 2
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.

ALTERNATIVE DISPUTE RESOLUTION 3
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
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