What Can You Expect From Your Mediator
There are many parts that make a successful mediation. They all come together to create an unbiased atmosphere, freedom to express oneself and the ability to explore solutions. The Oregon Mediation Association (OMA) provides guidelines for mediators in Oregon.
Self-determination and informed consent are important to the mediation process. Self-determination is a fundamental principle of mediation that distinguishes it from other dispute resolution processes, such as litigation or arbitration. Participants should be free to choose their own dispute resolution process, whether it be through the courts, arbitration or mediation and mediators should encourage them to take charge of their own decisions on all issues. The mediator won't advise or make a decision for the parties.
In order to fully support Self-Determination the mediators must respect, value, and encourage participants to exercise Informed Consent throughout the mediation process. This involves making decisions about the process itself, as well as substance, including possible options for resolution. Initially and throughout the mediation process, mediators' make appropriate disclosures about themselves and the specific mediation approaches they use to help with the participants self-determination.
Impartial Regard is also important to the mediation process. The mediators must demonstrate throughout the process by conducting mediations fairly, diligently, even-handedly, and with no personal stake in the outcome. Mediators avoid conflicts of interest whether actual, potential, or perceived, that can arise from a mediator's involvement with the controversy or the participants that can reasonably raise a question about the mediator's Impartial Regard. Where a conflict of interest exist that affects the mediator's ability to give Impartial Regard the mediator declines to serve or withdraws from the process.
Confidentiality is a fundamental attribute of mediation. Confidentiality is discussed as soon as practical and before confidential information is provided by anyone. All participants in mediation should be made aware of the laws and regulations regarding confidentiality, non-discoverability, and inadmissibility of mediation communications, as well as any exceptions.
All mediators are not equal. But they should be aware of their knowledge, skills, abilities, and limitations and communicate them to the participants. They mediate only when they offer the desired approach and possess the level of substantive knowledge, skills, and abilities sufficient to satisfy the participants' reasonable expectations.
For a successful mediation experience good-faith participation is crucial. Mediators explain to the participants, representatives, and others in attendance that they can improve the mediation process and probability of success when participates keep an open mind throughout the process.
The role of the mediator is to facilitate a dialogue between the parties to further their understanding of the conflict and to explore their options. To create an environment that is fair, open and unbiased, where the participants feel free to express themselves and explore possible solutions.
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