The golden rules for mediation

In a facilitative mediation process the golden rules for a Mediator include patience, friendliness, humour, organisation skills and empathy. A Mediator must be trustworthy, non-judgemental, persistent, creative, self-reflective and tolerant.  They must have good negotiations skills, problem analysis and problem solving skills, good listening skills and a flexible approach to situations that develop and be both articulate and maintain their credibility and integrity.  The following should be observed:-

Paperwork

• There should be a clear mediation agreement as recommended by the mediation provider.
• The Mediator should prepare for the mediation by obtaining copies of relevant papers.
• Always destroy papers upon the conclusion of the mediation.
• Always refuse to approve or sign the final form of settlement agreement arising upon the conclusion of the mediation process but should ask that the disputants present should sign.

Approach

• Maintain integrity, trust and impartiality.  
• Display neutrality and fairness.
• Give each of the disputants an equal opportunity to express their views.
• Be independent and have no previous knowledge or links with any of the parties.

Language

• Use non-judgemental language and frame open questions.  Explain the mediation process in full at the opening of the mediation meeting and should control the mediation.

Confidentiality

• Maintain confidentiality throughout the mediation and not disclose any information gained during a caucus session.

Advice

• Avoid giving any advice to either party.

Management of Hearing

• Use the reframing technique in questions to dilute emotional barriers.
• Provide clear communication channels and must explain any delays to both disputants.
• Use the plenary sessions and the caucus sessions flexibly in order to maintain progress in the mediation process.

Attitude

• Must maintain calm despite provocations.
• Must avoid being prescriptive or directive.

Closure

• Must unilaterally close the mediation process down if the Mediator becomes aware of any impropriety.