As a mediator, I follow the line — the code of conduct. I follow if from my initial introduction to the parties, engaging with them, listening to them, managing them, understanding their issues, and guiding them towards a settlement. The worst mistake that a mediator can make is a breach of confidentiality.
This can happen when a mediator repeatedly comes and goes between parties, collecting and passing on information, and, as a consequence of human error, becomes exhausted and slips up.
Inadvertently disclosing some detail that should have remained confidential. Although there are potential pitfalls with the process of mediation, it could be said that, in reality, mediation never entirely fails, because the parties will always come away knowing more about the dispute and, probably, at least having narrowed the issues in question.
It is a relatively low-risk process that enables the parties to have control at all stages, whilst having the expert help of an impartial adviser. Many surveyed believe lawyers with hidden agendas undermine mediation settlements. Mediation for them is a means of racking up more fees by delaying the process. Others may be too inexperienced to operate in the best interest of the client.
Whatever the reason, Golden Rule mediators will treat lawyers with respect because they are counselors of the law. Mediation is a fantastic option, but some attend and refuse to cooperate; it is called coming in bad faith.
They have no intention to settle or compromise in any area. In our initial phone interview we try to ascertain who will be good candidates for mediation so as to avoid Bad Faith actors. If they slip through our screening, we encourage everyone to glean something from the process.
We may take a break for risk assessment and reconvene at a later date. Valuable trial information can come from mediation when used properly. Unfortunately in too many cases the mediator is listed as the reason the process fails. This is usually due to lack of knowledge, or poor negotiating and communication skills. Golden Rule Mediators are honest, transparent, and inform clients in the initial interview if we are unable to mediate certain cases. We do know how to control the flow of the mediation process.
We can hear what is unsaid; we watch body language. Our mediators are problem solvers not decision makers. We are not pushy and overbearing, but will apply pressure as needed. Some people attend mediation before they are truly ready to concede anything. For others the mediation process is abused and parties fish for information while only intending to litigate. When family mediation fails and both parties cannot come to an agreement, there are some alternative solutions.
It might be best to work with a family lawyer to determine the best strategy for your particular situation. If you would like know more about family mediation as a dispute resolution process , or you have tried mediation and are looking for alternative solutions, our team of family lawyers can help. Please get in touch to speak to our team. F: 07 Liability limited by a scheme approved under professional standards legislation.
What is Mediation? Reasons Why Mediation Might Fail While there are several benefits of engaging in family mediation, there are a few reasons why separating couples may feel like their mediation session failed. Your main options are: Restart the mediation process. You might want to consider a new location, a new mediator, or even try the collaborative law process.
Negotiate privately and with a lawyer. The difference between mediation and negotiation as a conflict resolution method is the use of of legal representation. Negotiation can be done in person, by letter, email or over the phone, but it must be done with a qualified family lawyer. Choose a new mediator. If you prefer to try the mediation process again with a new mediator, there are a few factors you should consider before making your selection.
First, look at their credentials and make sure to select a mediator who is nationally accredited.
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