The golden rule for a Mediator is to listen, listen, listen and to not make matters worse. Explain the mediation process at the beginning of the mediation and ensure all parties including the legal advisors understand what the process is and what it is not. A Mediator should be unbiased, fair, and trustworthy and should abide by the Mediator's European Code of Conduct. Use non judgemental language and ask open ended questions. Maintain an atmosphere of safety and confidentiality and to keep control of the mediation and remind the parties of the agreed ground rules if necessary and give the parties the option of amending those rules should they wish. To remember what aspects of a caucus is confidential and what you can bring back to the other party. To destroy any notes taken and any other paperwork arising out of the mediation. Not to give advice or recommendations. Reframe the parties’ interests to show the Mediator is really listening.
BL, BA, Dip LS, Accredited Mediator (Mediation Forum Ireland)