What can you expect from a Mediator – Roles and Duties?

A Mediator is a third (neutral) party who tries to resolve disagreement among two parties of a franchise. Mediators usually assist the two parties and propose the solutions, and the whole process is called Mediation. And if they disagree, they approach the court. Apart from giving the suggestions, there are other roles that a mediator plays, lets’ have a look at some of them:

1. Setting up a Meeting

The Mediator’s job is to take note of the schedule of both the parties and then fix a date for holding the meetings. Scheduling the appointment is relatively easy, but it has a lot of work. For example, in the first meeting, he must offer the code of conduct to both the parties, explain the mediation process to them, individually ask them to talk about the disputes and ask for their opinions before beginning the mediation process. 

2. Keep it Confidential

Confidentiality is the more crucial part of their job. Whatever the Mediator’s information, he can’t disclose it to anybody because it is considered a crime. During the International Mediation in USA, the communications between the Mediator and the other two parties must be kept confidential. You can’t keep a record of your communications, not even in writing.

If the dispute doesn’t settle down and the matter is in court, if the judge asks for the proof of those meetings, he can only disclose it to the judge in writing, eliminating the scope of witnesses.

3. Paper Work

The Mediator is also responsible for doing the paperwork and documentation regarding both parties’ conflict and decisions and must be attested by both of them. If the Mediator is challenged, the challenging party should a written notice to the Mediator, and within 15 days of the claim, a new mediator is appointed. The previous Mediator has to transfer all his papers, powers, and duties to the newly appointed one.

4. Update to New Rules

He must know all the new rules being implemented, passed bills, etc. He must ensure that Mediation is conducted by following the laws and regulations, and the decision taken afterward shouldn’t conflict with any of the rules of legislation.

5. ResearchBefore Implementation

Before arranging the meeting, a mediator researches the parties’ claims and thinks about the possible outcomes. Before approaching the client with the results, he applies the relevant laws, policies, and regulations and studies the consequences.

What if a mediator is unable to solve the Problems?

If the Mediator is unable to solve the disputes, they can approach the judiciary, but the approaching court the most significant advantage is that it is very consuming; you will keep circling the court and have to follow the magistrate’s decision even if you disagree.

Conclusion:

Hiring a mediator is a significant advantage to solve the disagreements between the parties. It is also more flexible, reliable, a scope for negotiation, and can express yourself freely and cost-effective compared to the court.