Today’s guest blog is from Dan Culhane of Discovery Genie, a state of the art eDiscovery platform.  

8 Traits of an Effective Mediator

Mediation is a process that allows two or more parties to resolve their disputes through communication and negotiation. A mediator is an impartial third party who facilitates the process by guiding the parties towards a mutually acceptable agreement. The role of a mediator is to help parties reach a resolution that is fair, equitable and in their respective best interests. The mediator does not make decisions or rulings in the case.

An excellent mediator is essential to the success of the mediation process. An outstanding mediator will deploy the following skills:

1. Impartiality: An excellent mediator is impartial and neutral, and does not take sides or impose a solution. This impartiality creates a safe and neutral environment for parties to discuss and understand their dispute and reach a mutually acceptable resolution.
2. Communication Skills: Mediation requires excellent communication skills. A good mediator is able to listen actively and understand the needs, interests and perspectives of each party. Excellent communication can clarify misunderstandings and facilitate dialogue between parties, and can also help each party understand the strengths and weaknesses of their respective positions at a deeper level. It is human nature to have a strong belief in your own position—whether or not that belief is well-supported by objective fact and evidence. An excellent mediator will offer insight to help dispel unjustified confidence, which often leads to breakthroughs in settlement discussions.
3. Conflict Resolution Expertise: Mediation is a complex process that requires expertise in conflict resolution. An excellent mediator has the knowledge and experience to help parties identify the root causes of their dispute, and to suggest creative and effective solutions. Often the actual dispute is not what it appears on the surface: sometimes the dispute is not best resolved strictly by the payment of money, but by addressing deeper issues.
4. Flexibility: An excellent mediator is flexible and able to adapt to the changing needs of the parties and the situation. They are able to adjust their approach and style as needed to help parties resolve their dispute.
5. Empathy: A good mediator has empathy and understands the emotional aspects of a dispute. They are able to provide a supportive environment for parties to express their feelings and concerns. Often a sense by one (or both) parties that they have been wronged underlies the dispute—and allowing the party(ies) to articulate the source of their anger can create a pathway to resolve of the dispute.
6. Respect: An excellent mediator has a high level of respect for all parties and treats everyone with dignity and respect. They are able to maintain the integrity of the process and ensure that all parties feel heard and valued.
7. Confidentiality: Mediation is a confidential process, and an excellent mediator is able to maintain the confidentiality of the proceedings. This creates a safe and secure environment for parties to resolve their dispute.
8. Objectivity: An excellent mediator is objective and able to provide an independent perspective on the dispute. They are able to help parties see the situation from different angles and to identify potential solutions.

An excellent mediator is essential to the success and integrity of the mediation process. Without essential skills, however, a mediator is unlikely to provide significant value to the parties or assist with the resolution of many difficult disputes, especially when one or more of the parties has an emotional stake in the dispute.

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To better assist you, Ventola Mediation offers online scheduling to help you minimize risks to your business.

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Dan Culhane is the founder of Discovery Genie, an online eDiscovery solution for converting, reviewing, bates numbering, and indexing your evidence.  A Denver lawyer, Dan graduated from Stanford Law School in 1992 and has had a solo law practice since 2005 specializing in civil litigation and appeals, real estate, and estate planning and probate. He has been a certified mediator in Colorado since 2008.