Mediator's Role
What is the Mediator's Function?
The function of the mediator, an expert in dispute resolution, is to assist the parties to reach an amicable settlement of their dispute. The mediator does not force the parties to attend, cannot impose a solution; instead works to support and guide the parties to a mutually beneficial agreement.
Mediation is now in popular use by couples seeking to change their marital relationship, resolve personal and financial issues, and make sensitive child sharing and custody arrangements outside of the formal, public courtroom arena.
What is the Mediator's Role?
- Provide an overview of what will happen in the mediation.
- Including the steps in obtaining a judgment in court.
- Evaluate each party's ability to represent their own wants and needs.
- Define the ground rules for open and honest communications between the parties.
- Establish the parties' mediation goals and obtain agreement about ground rules to facilitate communication.
- Explore and define areas of mutual concern and potential conflict.
- Clarify the parties' position on important issues by encouraging each to realize and express what they want and care about.
- Challenge unnecessarily limiting assumptions and identify creative options, thus eliminating blocks to creating resolution.
- Recommend and assist with the selection of professionals and coordinate information they provide during the mediation process, insuring your mediation goals are honored.
- Draft a settlement agreement with the parties and consult with the attorneys who will finalize the documents with the Court.
A Mediator is:
Educator: Helps parties understand the divorce process
Guide: Orients parties in transition process
Idea Generator: Adds creative options and breaks stalemates
Translator: Clarifies words and meanings
Message Carrier: Go-between for the parties
Facilitator: Keeps mediation on track
Face-Saver: Helps parties resolve with dignity
Lightning Rod: Diffuses anger
Re-builder of Relationships: Supports mutual understanding
Agent of reality: Assists parties assessing the practicality of options
Collaborator: Coordinates other professionals assisting transition
What a Mediator is NOT:
Therapist / Counselor
Lawyer / Advisor
Judge / Arbitrator