Mediation is a cheaper process 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 proper mediator to solve the dispute in efficient applicable ways. The necessity of having a skilled mediator is as necessary as getting the dispute resolved quickly. In this article we have presented a detailed explanation of the necessity of opting an appropriate mediator.
A resolution such as mediation is that phenomenon which requires mandatory presence of a third party for proper negotiation to resolve the issue between the former parties. People are by now well aware how cheaper a mediation is than litigation in terms of wealth and time. It is not mandatory that every mediator has to be a just person who will compensate fairly for the settlement of disputes. Aggrieved parties have often experienced mediators asking for way more compensation for resolving the conflicts. Looking from the view of a mediator the best way to settle a dispute is logistic real assessment of the conflict if not resolved by mediation. Another key factor is the negotiation that might persist unless both the parties decide to put up their best offers for resolution. A realistic assessment is possible when both the parties come up together and discuss their entire problem with honesty to the mediator.
The problems may include their demands as well as situations where they felt their rights have been hampered. When both the parties get to know about each other’s problem they will prefer to agree with each other’s demand on a logical level. The more the parties are educated about each other’s grievances, the more the chance of settling the dispute within a limited time frame. This also helps the parties understand the depth of each other’s problem and reduces conflict the same is not possible in litigation where parties meet for the first time in Court watching each other’s aggrieved reaction in legal proceedings.
A proper mediator after completing his joint session with the former parties meets them in private as well. He often in the first round of the private meeting learns in detail about the issues and facts raising those issues for either of the parties. The attorney is the mediator and the client is kept fully aware of the fact that only the attorney has full detail about the case. Therefore the client should discuss every strength and weakness of the case including his opinion and willingness of what he wants to do with the other party.
A proper mediator on completion of the first private meeting heads towards negotiation where he consistently examines the area of compromise the parties have reached in. After a few consecutive meetings the grounds of evolution for negotiation among the parties start to change as they proceed towards agreeing on accepting risks for compromise or litigation. And an excellent mediator should have the talent to observe and examine that situation accurately. A professional mediator has the audacity to make the negotiation continue nevertheless having the hurdle of bringing a settlement quickly. According to the market scenario, mediators who don’t give up easily are more in demand as they don’t stop the proceedings for the mere reason of parties separating too apart in terms of disconnection. These kinds of mediators have shown 80% and more success rates even in cases where mediation was not the mere resolvement of the issue.
Then a skilled mediator should have the outstanding quality to continue negotiation for longer duration in a smooth manner. It is not mandatory that all mediators would use similar ways for accession of a case. Some may use an evaluative approach while the others can opt for facilitative approaches. An evaluative mediator is like an experienced or retired judge who advises to settle conflicts in the old fashioned manner until an agreeable deal. A facilitative mediator is like a person who is less bothered to offer his personal suggestions and he prefers the parties to come up to a situation where both have settled to consensus ad idem.
During mediation a suggestion is not given earlier as it might create inclination of the end of negotiation. It is necessary for the parties to put their conditions and effort and come up to an agreement by themselves or else the entire process might seem unrealistic if the mediator just listens to their complaints in private and declares his judgment to resolve the dispute at once. A skilled mediator should know the alternate styles of mediating to solve different types of cases or to solve the same case in different styles to continue the negotiation ahead.
Generally a competent mediator should use a facilitative approach to provide aid and assistance to their clients to proceed to a conclusion by themselves. When accord is developed in the parties along with the mediator then evaluative approach can be applied as that situation is the appropriate time to do so. Although many experienced mediators agree to give evaluative opinions to the parties to settle the conflict quickly between them and often many parties agree to it easily without long negotiations. Yet the mediator should have the ingenuity to advise the opinions at the right moment and through a beneficial way. Having the knowledge of appropriate timing for negotiation is also a mandatory skill a mediator should have. It is not necessary that the appropriate answer has to be correct; it can be erroneous when spilled at the wrong time. Negotiation is necessary as the parties need to come to a place when both develop a realistic evaluation for their own issues about which they were feeling unsuccessful and the skilled mediator can now come into action and advise the right solution.
An experienced mediator should be capable of understanding this and allowing his parties to negotiate as long as both don’t come up to a logical demand (a reasonable amount of compensation) that is possible and undeniable. In cases where the parties have real evaluations from the inaugural stage itself negotiation becomes easier and more efficacious and effective. This to have productive and fruitful mediation a mediator with experience and records of cases is preferably advisable to have. As these mediators have gained legal expertise and can observe which approach is necessary for the specific situations. Therefore they can provide realistic solutions with the skills of firm mediation ability.
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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