Independence is a fundamental principle of mediation because it ensures the mediator is impartial and does not have any interest in the outcome of the mediation.
This impartiality is crucial for several reasons:
Trust:
Parties are more likely to trust a process where the mediator is independent and thus perceived as fair and unbiased.
Fairness:
An independent mediator can facilitate a balanced discussion, giving each party an equal opportunity to present their case.
Voluntary Nature:
Mediation is a voluntary process, and parties need to feel that they are entering into it by choice, not because they are being led by someone with a vested interest.
Confidentiality:
Independence also ties into the confidentiality of the mediation process, allowing parties to speak freely, knowing the mediator has no ulterior motives.
Quality of Resolution:
Independence mediation can lead to more creative and mutually satisfactory solutions because the mediator does not impose their own views or interests.
The government’s guide to civil mediation emphasises that mediators must be independent and impartial to help the parties talk through the issues, negotiate, and come to a mutually agreeable solution.
Moreover, recent legal developments have reinforced the importance of mediation in the legal system, with courts having the power to compel parties to engage in mediation even if they are initially unwilling.
This underscores the significance of having a mediator who is independent and skilled to facilitate such processes.
At Mediator Locator, our mediators are all independent, impartial and highly skilled. They are also all experienced lawyers, so have the depth, knowledge and expertise to help you solve your disputes.
Uniquely, in the unlikely event your mediation does not settle, our mediators may be able to offer a non-binding opinion on your dispute, as a further tool for resolution.
As this would clearly affect their independence, and independence is fundamental, this could only occur:
after the mediation has concluded;
if all parties request it; and
crucially, if the mediator agrees.
So, at Mediator Locator, we do everything we can to help solve your disputes, and with the possibility of a non-binding opinion in specific circumstances, we even go the extra mile.
Don’t wait… mediate.
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