Art of Mediation

From the ancient history of India, we can see that Mahabharata is an early attempt at mediation as a tool of conflict resolution. Lord Krishna attempted to mediate the dispute between the Pandavas and Kauravas. All of us know that the moment mediation fails, it leads to disastrous consequences.?

Former CJI N V Ramana once said, “ My advice, after participating in the legal profession for over 40 years in different capacities, is that you must keep the option of going to Courts as a last resort. Use this last resort only after exploring the option of ADR- arbitration, mediation and conciliation. Arbitration and mediation are efforts at restoring? a relationship.”

What makes a good #mediator? Before that, let us understand who a mediator is. A mediator is the chief architect of the final settlement between the disputing parties. Nowadays, mediation is growing in popularity. It is faster and less expensive than a lawsuit.

So what makes someone a ‘good’ mediator? Well, there are many positive qualities and skills that come into play. We, at iuraverse, have chosen and listed selected below qualities to become successful in mediation:

Trustworthiness:

#iuraverse believes that a good mediator inspires trust. When people attend a mediation session, they want to believe that the mediator will keep all discussions confidential and use any information they receive to reach a mutually acceptable resolution.?

Approachability:

#Mediators are expected to be friendly, empathetic and respectful. They should listen carefully and respect emotions. They must convey a sense of optimism.

Our Success Story:

During my practising tenure, I was well-known to a couple Brad and Daisy (names are hidden) who unfortunately decided to divorce. Before proceeding with a divorce, Daisy suggested going with mediation. Brad thought that because of the existing stress in their relationship, they would not have the capacity to have a normal conversation or joint discussion. I suggested that they come in for one or two mediation sessions and then decide if it was the right process for them. One session led to two and surprisingly ended in five sessions.

We worked systematically and focused on - Child Custody, Asset division and maintenance.

The sessions were truly amazing. The spouses were patient with each other, putting their children at the forefront of their conversations. They worked in good faith. Once they had a road map, they felt more in control and less fearful of the journey ahead. Would adversarial attorneys have allowed them to work together and create this road map? Most likely not. It was truly a remarkable success for them.?

I received a lovely compliment cum feedback that I was approachable and dedicated to the case.?

Perceptiveness

Parties to a dispute want mediators who can quickly grasp a situation, understand its complexities and dynamics, and provide a clearer understanding of options by analyzing the issues and identifying risks. This enables creative problem-solving.

Impartial

When it comes to successful mediation, impartiality is as important as approachability. To be effective, a mediator must be able to control their feelings and not invest emotionally in the outcome of the proceedings.?

Dedication

Dedication is a sterling quality in all professionals, and mediators are no exception. When they devote time before each session to properly prepare and work diligently to achieve a positive outcome in every situation.

Undoubtedly, mediation is the best conflict resolution process. More than 80% of cases referred to mediation are resolved at mediation.?

At #iuraverse, we are promoting and inviting professionals who are best at Mediation.? To learn more and get newsletters on Alternate Dispute Resolution, please subscribe to our site, today.