Should the mediator follow the mediation techniques?
Typically to say, the third party who is the mediator will assist both or more than two parties who are in conflicts to negotiate and get a settlement.
The disputants may also mediate various disputes such as, legal, commercial, diplomatic, community, family, workplace and many other matters.
Mediation in general terms refers to an assistance that is given by the third party to help the situation and reach a better agreement. However, the mediator must follow some mediation techniques in order to get a smooth solution.
The participation of the mediator is mostly a voluntary involvement. Here the mediator will acts as the neutral party to facilitate the process rather than directing.
The responsibility of the mediator will force him to follow various mediation techniques to open the dispute, improve the situation and to help the parties to easily reach a favorable agreement for all involved into the dispute.
However, it much depends on the skill of a mediator and his experience. There are professional mediators who are well-trained, certified and licensed. They are also more committed and disciplined in being a mediator.
By following the techniques, a professional mediator will be capable of benefiting all involved in it. He will not only try to solve out the problem quickly but will also try to give a prolonged favorable solution to everyone. The most benefiting aspects of approaching a mediator are low cost, trust and confidentiality, control over the issues, mutuality, compliance and a mutual support.
It would obviously become expensive while you take an issue to court legally, where you need to pay the fees for the attorney, court fee and many other costs involved it. Moreover, it would be time consuming too.
Where as a mediator can resolve your problem in just a few hours and would charge you very less. Remember, the court hearings are public, but if you want any of your issues to be resolved confidently, then approaching the mediator would be wise doing.
The compliance with agreement made will be usually high, as the result attained is by both the parties working together with a mutual understanding and agreement. The mediator agreement is moreover enforceable in the court.
The two parties in the mediation will be willing to agree the resolution mutually. In most of the circumstances, the parties are ready to mediate and they are also ready to move to their position without any further conflicts.
Since the mediators are well-trained and working with many difficult situations, they can come to a solution quickly that favors both the parties.
He usually tries to give possible solutions to resolve the dispute and will also try to broaden the possibilities for getting better solutions.
The mediator will try to conduct meeting, prepare for the solution, analyze, forecast and will also involve into the post-mediation activities, in case of any unexpected dispute that arise again.