After being intensely involved in the field of mediation for 15 years, I am struck by the fact that mediators still can not reach a consensus on what mediators do so that potential participants can know what a mediator can or should be able to do before committing to the process.
I have given some thought to what I do when I mediate, and I believe that the following list of goals are the objectives that a mediator has or should have if parties want to work together with a mediator toward resolution of a dispute. I emphasize that some parties will not need the mediator’s help in some of these areas, and so those goals will not be utilized in such mediations. I want to be clear in saying that in my view a mediator should not impose his own goals upon the parties but should respectfully make them available for the parties’ use if the parties desire.
I also note that this is a starting point for discussion. I welcome further comment, suggestions and elaboration on the goals.
The following is a list of goals that I have developed for any mediator, regardless of style. Mediators who serve as neutral evaluators or have transformation as a separate goal, or who serve in another hybrid capacity, may have additional goals. I posit, however, that the following goals are, or should be, common to all mediators:
Most cases will involve many or all of these goals, but the parties may wish the mediator to limit the goals, either at the outset or as they go along. Any goal that is desired by only one party is not a goal of the mediation.
Techniques, such as looping, are ways in which mediators can accomplish the goals, but should not be confused with goals.
I. Mediation Process
II. Intrapersonal goals (may be in caucus or in the main session):
III. Developing the issues:
IV Focusing the discussion:
V: Analyzing positions and issues: .
VI: Checking for understanding:
VII: Working toward resolution:
VIII: Addressing participation of the parties in the mediation:
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