What is Mediation 2 – (The role of the Mediator)

The previous article on Mediation, focused on the importance of mediation as an alternative dispute resolution mechanism and its advantages. Through this particular article, we intend to discuss the role of a mediator and advantages of having one in a mediation process. (You can Visit to read our blog on the importance of Mediation by following link.) https://lawfacrotaract.com/2020/09/07/what-is-mediation/

Who is a Mediator?

First of all, let’s have a look at who a mediator is. Mediator is considered to be the neutral third party who works to reconcile the competing needs and interests of involved parties in a dispute.

The mediator’s tasks are to assists disputants to identify, understand and articulate their needs and interests to each other; recognize mutually acceptable ways to address and meet them; negotiate and exchange of promises or perceptible benefits that meet their standards of fairness; and redefine their relationship in a manner that is mutually acceptable.

Nevertheless, a mediator has the right to withdraw from the mediation process at any time if he/she is not allowed to remain impartial.

Advantages of a Mediator

One of the main advantages of having a mediator is that the whole mediation process will be carried out in a fair and an unbiased manner. This is one of the main duties of a mediator as well. Furthermore, being able to maintain the confidentiality as mediators are bound to keep the information of parties under the strictest confidentiality, is another advantage of having a mediator in the process.

Having a mediator also allows to avoid a conflict of interest or an appearance of a conflict of interest that might arise during or even after a mediation. Mediator also educates the parties about the mediation process, other conflict resolution alternatives, issues that are typically addressed and options that may be considered as a solution.

In addition, the mediator manages and keeps track of all necessary information, writes up the parties’ agreement, and may assist the parties to implement their agreement until the end of the mediation process.

Thus, it is evident that having a mediator onboard comes with a lot of advantages for the parties involved in the mediation process, as a mediator makes the whole process less complex.

Likewise, we plan on bringing you more information on Mediation in the future as well, so we do hope that you stay in touch with us. Please look forward to our next article on Mediation in Sri Lanka.

written by Akshina Liyanage