What do good mediators do?

What do good mediators do?

What do good mediators do? At a recent seminar hosted by Gary Weiner, Mediation Program Administrator at the California Court of Appeal, First Appellate District, for the Court’s Mediation Panel, we had a brain storming session on what good mediators do.

Here are some of my gleanings from my colleagues:

  • A mediator quickly gets all sides to build trust in the mediator so that:  They believe and understand what I need to accomplish with them at the mediation. As mediator, I’m their new best friend by the end of the mediation session so that I can persuade them to do things in their best interest and to listen to me as a mediator.
  • A mediator manages the process so power is not considered to be one sided.
  • A mediator is a good listener so that ever one is heard.
  • Conversely, a mediator is selectively deaf to comments that are counter productive.  A good mediator re-formats the incendiary comments to keep the processing moving forward.
  • A mediator makes all sides aware of the needs and motivations of the other side.
  • A mediator educates all parties to their opponent has reasonable needs and motivations.  I start this process before the mediation and continue it through to resolution of the dispute.
  • A mediator educates each side on the worst case scenario if there is no resolution to the dispute.
  • A mediator will use what ever means is reasonably necessary to resolve the conflict.
  • A mediator helps all of the parties to resolve the dispute.

I am happy to fully concur with my colleagues in these practices.

good Mediator
Ken Strongman, Mediator

About the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

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