Mediation: Who is the Best Negotiator?
Mediation is a method of dispute resolution – a process of negotiation under the watchful eye of a third person, the mediator. The mediator is your referee. His job is primarily to promote and oversee, a discussion (essentially, a negotiation) between parties to a dispute.
The mediator is in charge of the process, but he is not involved in the dispute. With his help, the parties need to understand and execute the process of negotiation. They need to interact with one another, exchange information, make offers and haggle over the details. If there is to be a settlement when they leave the negotiation room for the last time, it is up to the parties to reach agreement. He cannot do it for them.
The mediator does not –
Adjudicate upon the matters in dispute;
Adopt a position, or bias, on behalf of either ‘side’;
Try to promote a particular solution to the issues.
The mediator is, as far as the parties are concerned and the actual matters in dispute, neutral. He does not take sides, nor does he give, nor argue, an opinion on the issues. And yet, the mediator must be the best negotiator in the room! Why? Because, when temperatures rise and the opposing parties are unable to talk to one another effectively or at all, the mediator must –
Encourage the parties to persist;
Nudge them towards unlikely collaboration;
Help them to calm their ragged nerves; and
Stimulate their creativity, to discover solutions.
These things take the skill and talents of a master negotiator.
17 April 2018
Family Law Specialist lawyers and mediators; Divorce; Parents & Children; Grandparents; Cohabitation; Curators; Maintenance; International Divorce; Domestic Violence and more.