This second article in the Preparing for Mediation series focuses on creating the right mindset for going into mediation. Having the right mindset is critical for success. Without this even the most expert mediator will have trouble moving the parties together.
The first topic I would like to address is the position statement that the participants or their solicitors prepare and send to the mediator well before the mediation meeting. This will usually contain materials and a case summary to allow the mediator to get familiar with the facts (and opinions) of the case.
When trying to select the right mediator for your dispute, it can be difficult to decide. What should you look for? How can you determine the mediator’s reputation and history of success? Often, a good mediation result lies in the personal qualities of the mediator.
Mediators are experts in many things: listening, easing tensions, reconciliation, and communication. The mediator must be a paragon of objectivity and impartiality. While he or she may ultimately have an opinion with regard to the merits of each side’s case, the mediator must approach those opinions with the utmost objectivity and recognise that both sides of the matter have merit for the individuals involved.
