The mediator fulfills several important roles that might include:
- a manager of the process, providing firm but sensitive control, with confidence in the process and giving the parties a sense of progress. Steering them to a settlement, but not making decisions on their behalf.
- a facilitator, helping the parties to overcome a deadlock and to find a way of working co-operatively towards a mutually acceptable settlement.
- an information gatherer, organising information, and pointing out common ground, shared goals and areas of agreement.
- a ‘sponge’ that absorbs the parties’ feelings and frustrations, helping them to channel their energies into positive approaches.
- an enabler, helping the parties to re-evaluate their case through providing new perspectives.
- a coach both before and during the mediation.
- a reality tester, helping parties privately to take a realistic view of the dispute.
- a problem solver, or rather a catalyst for problem solving, bringing a clear head and creative mind to help the parties construct an outcome that best meets their needs. A good mediator will make sure the parties understand the alternatives of a non-agreement or an order made by an arbitrator or judge over which they have no control.
- a negotiator, helping the parties to use effective strategies for making progress towards an agreement.
- an overseer of the drafting of the settlement agreement, checking that all issues are covered and that the settlement is workable and enforceable.
- a planner of the settlement process. Where the parties could not reach a settlement the mediator needs to show knowledge of the process in order to help the parties choose the most appropriate steps for their process.
