What is the role of a mediator?

Unlike other forms of dispute resolution, a mediator does not decide a case.

It is for the parties involved to agree their own resolution. The parties are responsible for the terms of any agreement and it is their choice as to whether or not the matter is concluded at the mediation. The mediation is conducted on a “without prejudice” basis and any agreement reached is non-binding until such a time as both parties sign a settlement agreement.

The mediator is at hand to facilitate the mediation process and provides a crucial link between the parties at this time.

The role of the mediator is unique being completely neutral and impartial. This neutrality gives both parties the opportunity to consider their claims in a confidential environment knowing that what is discussed will not be passed on to the other side without their express consent.

In summary, the mediator is:-

• A facilitator assisting the parties with their negotiations;
• Able to help reality test a party’s argument
• An intermediary who will use different techniques to put the parties in the best position possible to find a settlement that is acceptable. This can include asking questions, conveying offers and conducting and chairing joint meetings
• Impartial and will not pass on information to another party without consent – all discussion with the mediator is conducted in confidence

For further advice and assistance please contact our Private Client Team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk