The mediators role is to initiate conversation and the flow of dialogue between two parties. Mediation is used to resolve conflicts between parties before having the matter escalate to a court proceeding. It is important that the mediator chosen does not give their opinion. It is up to both parties to reach an amicable agreement by discussing the matter and working through it together. The mediator is not supposed to tell the parties what they should do or try and sway or influence them to choose a particular resolution.
It is important that the mediator be an unbiased, neutral third party. If at anytime during the mediation session either party feels that the mediator is taking sides or likes the other party more this may destroy the entire mediation proceeding. Mediation sessions are voluntary, therefore, this is something that both individuals should attend if they feel they can reach an agreement, or move closer to one.
For further information regarding mediation and more please contact Yanez & Associates. Call 714-971-8000 for your free consultation!