THE ROLE OF A MEDIATOR DURING A DISPUTE

Among other roles, a mediator is required to do the following:

To facilitate resolution of dispute.

The core role of the mediator is to facilitate communication between the disputants with an aim to help them reach a voluntary,timely, fair and cost effective resolution to their dispute. Although the mediator manages the meeting and is in charge of the proceedings, he/she should not impose solutions or decisions and has no power to force a settlement.  A solution should only be reached by agreement between the parties. They are responsible for the ultimate resolution of the dispute. Furthermore, a mediator has no right or duty to provide legal advice to the parties even if he/she happens to be a lawyer. The parties should seek legal advice solely from their legal counsel. The mediator, however, may raise issues and help parties explore options. 

Setting up the first meeting.

Once formally appointed, the mediator will contact the parties or their counsel to fix the date ,time and venue for conducting the first meeting whereby the mediator will:

• Request the parties to sign, jointly with him, the Centre’s Model Mediation Agreement setting out the terms and framework for the conduct of  the  mediation process;
• Give a brief description of his role and that of the parties and explain the mediation process with particular reference to the statutory provisions regulating confidentiality;
• Discuss with the parties whether they agree to give their consent in writing authorising him/her to hold separate meetings with each of them on an individual basis; 
• Invite the parties to give a brief account of the facts of the dispute from his/her perspective. This may be done either in joint session or it may be done privately with the mediator provided the parties would have agreed to hold separate meetings;
• Ask questions to clarify certain matters for the purpose of assisting the parties overcome any obstacle and explore options for settlement.

• Gain clarification on what the issues in dispute are.
• To explain rules of engagement/statement of understanding for the parties’ signature
• To maintain confidentiality except in circumstances provided under the Mediation (Pilot Project) Rules 2015 (These include information that relates to child abuse, child neglect, defilement, domestic violence or related criminal or illegal purposes).
• Brainstorm ways to improve the situation and participate in drafting an agreement using words with which they can   agree.

Communication Facilitator

The mediator seeks to ensure that each party is fully heard in the mediation process.This may involve a mediator being a translator where necessary. The mediator also helps by rephrasing or reframing communications so that they are better understood and received. In addition the mediator should seek to probe issues and confirm understandings to ensure that everyone in the process has a full understanding.

Drafter

 It's the mediator's role to record all necessary details and write up the parties’ agreement.

The mediator has a duty to file a mediation report with the Mediation Deputy Registrar (MDR) after conclusion of the mediation
A mediator does not :

• take sides
• Impose his or her ideas for a solution

Lastly, whatever the role of the mediator, the mediator is there to open communications, restrict hostilities, explore options of the parties and assist both parties to make their own informed decisions.