Mediation is an inexpensive procedure than litigation and much more beneficial as it saves a lot of time and effort. Yet there is no use of mediation if we don’t have a neutral mediator to solve the dispute in efficient applicable ways. The necessity of having a neutral mediator is as necessary as getting the dispute resolved quickly and successfully. Given below is an article that elaborates the necessity of having a neutral mediator in mediation.
Imagine a situation like getting divorced. In such a situation neither party is usually ready to compromise. Both the parties think that they are right and the other is erroneous. They believe that only the other party was only the defaulter. In such a state neither of the parties would ever agree on having a neutral mediator, as per them the other should be punished for the default.
The heights of this agreement between either of the parties are at such a peak that having a neutral mediator most probably would make no sense to them. The purpose of having the neutral mediator is not just that both parties agree with each other but also understanding.
After a point of time through negotiation with the presence of a neutral mediator parties actually start understanding each other and gradually agree to compromise, that’s the power of having a neutral mediator. A neutral mediator understands the emotions of both the parties and empathises with them. A neutral mediator provides a better balance to the agreement as he is capable of bringing both the parties on equal consideration for each other. A mediator who is neutral has the potential to make his clients give sincere attempts in apprehending each other better.
Usually in litigation both the parties bring up their attorneys who represent the case before the judge in the best manner possible. Then it is the judge who decides a neutral decision after listening to both the stories provided with their excellent facts and information. Our legal system is overburdened with other cases as well that judges usually neglect to see the actual story behind the case and pass the judgment. The clients have an unsatisfactory feeling that they were not heard well or that the judgments given for them were not up to scratch. Mediation does not do the same; it offers the clients chances to speak and be completely heard. The mediator gets to know the client well through the case and feels the depth of the issue before making any decision. Suppose as in the case of divorce the mediator helps both the spouses to make fair decisions regarding their family, possession as well as divorce.
Whereas in the court it is the judge who decides the destiny of the marriage family and possession even after listening to you. A mediator who is neutral is very different from a judge. He listens to everyone and everything and helps to figure out a way in which both the parties start negotiating with each other for proper assessment of their case. Having a neutral mediator ensures mediation tools are used appropriately. A mediator’s decision is never binding and it is always in accordance with the mutual consent of both the parties. Miscommunication is a basic problem in disputes of divorce. A neutral mediator not only helps to resolve miscommunication but there have been cases where a neutral mediator helped parties understand the root where they disagreed and made the parties revoke from divorce .
Neutral mediator is an assurance of providing fair judgments. Neutral mediators don’t just follow the facilitative methods but they observe clients better. They empathize with their clients which is by far better than portraying mere sympathy (that rarely helps). Their ability to share the same feeling helps them resolve disputes in a better way. Usually disputes are solved by bringing both the parties to a deal where they agree on and depart their ways off. A neutral mediator helps the parties understand each other’s issues and how the problem started in the first place. This helps the parties understand their own mistakes as well. The negotiation inclined towards simplified demands and often deals are no more existent as either of the parties decides to revoke totally. The neutral mediator has capabilities to put the parties in a situation where they establish mutual agreement to ratify each other’s point of view and call off the case.
A neutral skilled mediator is always a successful mediator. One mandatory requirement is that he should be known to both parties in the same proportion (that is share equal bonds). Or he should not be a known person to either of the parties. Neutrality is an obvious need in mediation as it helps people come closer to the truth in a wider way and go ahead in their life with transparency.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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