Impartiality During Mediation Process
Recent statistics shows that mediation breakdowns do mostly occur when a given party involved in the mediation does perceive the mediator as having some bias. This may not hold to be true as determining the accuracy of whether a mediator has bias leaning may really be difficult. Independence is very vital in any mediation and this requires that a mediator shouldn’t in any way express an opinion or advice regarding the particular case being handled. It is the separating parties who are regarded as the owners of the mediation process and the work of the mediator is just to ensure that the separating parties come into agreement having knowledge of all the options available to them.
How satisfied the parties will be following a decision made by the mediator is fully dependent on how impartial on how the whole mediation process is. One of the factors that ensure that impartial process is gained throughout is by ensuring that the choice of the given mediator handling the particular situation has been agreed upon by all the parties involved. How to arrive at a suitable mediator is highly delicate process as it requires someone who doesn’t have any interest on the outcome of the likely decision.
In any conflict resolution, mediators are usually tasked with the job of giving factual information concerning the particular case without telling either of the parties as to which what could be regarded as the best solution regarding the matter being handled. Trying as well as helping a mediator to remain impartial is highly encouraged so as to ensure that the resulting decision is one that will be highly favored by all the parties involved. If possible, an independent legal advice should be taken to guarantee impartiality during the whole process.
Confidentiality is an important stepping ground for any impartial mediation process. The mediator should not in any way disclose any of the facts which are being discussed to any other party. The rules for breaking the confidential approach should only be when there are some considerable life risks or safety of a party involved in the mediation process. Other situations where the confidential approach can be broken are when the mediator is made aware that the given situation being mediated is unlawful.
In instances where financial matters need to be resolved, it is highly encouraged that the parties involved should disclose their financial details. The reason behind this logic is that negotiation principles only has to start when the involved parties have the same information which can be used as point of reference in a bid to resolve the given conflict. Disclosure of financial statement also allows for the playing ground to be level for those involved and this is one of the ways of ensuring that justice is given its course.
When a given case has been assessed and deemed fit for the mediation to take place, the next appropriate step will be to proceed and have some statement on financial disclosures of the parties involved. This can be done by the help of the Financial Form and this will take into consideration the many financial variables that may be surrounding a particular case. To ensure that mediator impartiality is something that stays put throughout the process, the mediator must fully understand what comprises the details in the Financial Form. However the mediator shouldn’t be involved in any kind of investigation regarding the financial statements provided. If a mediator takes it upon his/her responsibility to embark on some fact finding mission, this could have a non-desired impact on the case as one of the parties may perceive the given approach as an attempt to alter the impartiality of the mediator involved.
When informing the involved parties of the suitable decision for the given case, the mediators should try the best and explain the reason behind their choice of judgment. During this stage, the parties involved should be guided by the principles which governed the particular situation. The mediator should try his/her best to find out whether any of the involved parties may not be satisfied with the particular reasoning. If any the party’s issues have been channeled, a thorough and in-depth explanation should follow in a bid to create an understanding which would finally bring the given conflict/dispute to a halt. The end of any mediation process should leave everybody satisfied and if this has not been achieved then in that case the mediation is regarded not to have been successfully. The cause for dissatisfaction should be determined and the rules of engagement be reviewed.