There is no doubt that a family law mediator does a thankless job. Bringing about mediation or an alternate dispute resolution for the couples having trouble getting along is certainly a tough task.
So What Does A Mediator Do?
Simply put, a mediator is a neutral facilitator who assists the parties in a dispute in communicating and negotiating a mutually agreed settlement out of court. A mediator’s role is very sensitive because he often deals in family mediation. A family mediator is sought, most importantly, because the parties in question find the mediator as impartial, and so they heed to his advice and dialog.
What makes a family law mediator so successful? Does he or she have some special attributes? Yes, a thriving family law mediator has the following qualities.
This is singularly the most important feature of a mediator. It is impossible to work as a family law mediator unless he or she has the trust of the parties. The reason is not far to seek. The parties know they have no choice in choosing a judge during arbitration proceedings, but mediation offers them the luxury of picking a mediator in whom they have explicit trust. Obviously so, because during arbitrations in court, the proceedings are held in open in front of the arbiter or the judge. Whereas in mediation the parties confide with the mediator in close doors very often in one-to-one meetings. They have to, as this is the only tool by which a mediator can get to know the common platform on which a mutually agreeable solution can be reached.
Neutral at all times
Family mediation requires that the mediator should never give an impression that he or she is leaning favorably toward one of the parties. It is the neutrality that reinforces trust.
The faith reposed by the parties when the family law mediator is appointed should never be transient. It should be applicable even after the mediation proceedings are over. In fact, neutrality is that overt act that binds the mediator and the parties.
One of the key reasons why parties choose mediation over court proceedings is that mediation does not wash dirty linen in public. Moreover, if it is trade mediation, the parties would not want the trade secrets out in public. During mediation, the parties divulge a lot of personal and sensitive details to the mediator with an implicit faith that confidentiality will be maintained at all costs.
When it comes to listening, a mediator has an edge over courts. Courts have no time to listen to the emotional baggage of the aggrieved as they are far too busy finding solutions within the framework of law. Emotions are of no consequence to the courts. But mediation is different. A mediator listens patiently to all the outpours of the party because this is where the mediator can fish for solutions. Emotional outbursts throw hints showing where the common agreement platform is.
Mediation is an art, and nobody knows this better than a family law mediator. At the end of the day, a mediator reaches a mutually agreed settlement based on his unique skills born out of a potpourri of knowledge, wisdom, and intelligence.