Choosing a mediator is an important step in the mediation process. Finding a mediator that has an approach and style that matches the disputing parties'' wants and needs will more likely result in a favorable outcome for both parties. However, when doing initial research, it can be difficult to get a feel for a mediator''s intentions.
Fortunately, there is a way to get an overview of a mediator''s basic policies and beliefs about the process. It comes in the form of a mediation philosophy. The philosophy describes the mediator''s style and how he intends to interact with everyone involved. The best practice for mediation is one that fits the clients'' situation and their expectations for dispute resolution.
For example, while some mediators put an emphasis on client empowerment, others put an emphasis on reaching a solid agreement. Because mediators (and disputing parties) can approach the mediation process in a number of different ways, understanding mediators'' philosophies before you hire them will give you a better idea of what to expect from the mediation proceedings.
Mediation philosophies highlight key principals of a mediator''s mediation practice standards. These practices are usually ones that have worked in the past and that the mediator believes to be most effective. Mediation philosophies also highlight what the mediator believes mediation process should do for people, how it can be done and why going through this process is a good idea.
Principles that are often listed in mediation philosophies include:
A mediation philosophy will usually go into detail about these subjects, discussing specifically how the mediator implements these principals.
The approach described in a mediation philosophy usually falls under one of three styles of mediation:
Along with their philosophies, mediators often follow the Model Standards of Conduct for Mediators, a set of guidelines established in 1994 by the American Arbitration Association (AAA), the American Bar Associations (ABA) Section of Dispute Resolution and the Association for Conflict Resolution (ACR).
The Model Standards of Conduct for Mediators is designed to give the practice of mediation a set of concrete guidelines that can be generally applicable for all different types of disputes. The concepts and practices addressed in the Model Standards are ones that are generally believed to be the most effective. As a result, even if mediators don''t specifically state that they follow the Model Standards, they still follow many of the same principles, such as confidentiality and neutrality.
Mediation philosophies are often written as a guarantee of ethical practice. In mediation and advocacy, ethical practices are vital to the success of the mediation process.
The philosophy statements emphasize the integrity, fairness and neutrality of a mediator''s approach. Without trust in the mediator, the process of mediation would not be successful because disputing parties would be less likely to air private matters to an untrustworthy or biased third party.
Although the mediator does not make any final decisions, his participation can heavily influence the way disputing parties view the conflict and each other. As a result, mediation practice standards are essential to standardizing mediation procedure and instilling neutrality in mediators.
Resourceful Internet Solutions, Inc. (1998). Model Standards of Practice for Mediators. Retrieved on March 11, 2008, from the Mediate.com Web site.
Zumeta, Zena (2000). Styles of Mediation: Facilitative, Evaluative, and Transformative Mediation. Retrieved on March 10, 2008, from the Mediate.com Web site.