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Using Mediation Now - The Mediator's Role in 2024
by Ben Thomson on 12/11/24
In Brief
As part of CEDR’s thought leadership programme, in September 2024, a panel of Commercial mediators discussed the key developments in mediation with a focus on current trends.
This is the third in a series of articles, in which we will recap some of the key points that were raised in the discussion.
- Introduction
- 1. Facilitating Reflection and Understanding
- 2. A Constructive and Future-Focused Approach
- 3. Adding Expertise and Encouraging Solution-Building
- 4. Increased Time and Engagement in the Process
- 5. Building Communication Bridges
- Conclusion
- CEDR Event - Using Mediation Now
Table of Contents
Introduction
In 2024, the role of a mediator is evolving to meet the needs of increasingly complex disputes and dynamic environments. This evolution centres on enhancing the quality of communication, to move beyond the traditional shuttle diplomacy between parties of traditional mediation. Here, we explore the qualities that make mediation effective today.
1. Facilitating Reflection and Understanding
An effective mediator in 2024 goes beyond simply passing messages between conflicting parties. Instead, mediators need to help participants to reflect on what really matters—both in the present and future context of their conflict. Mediators must assist parties to recognise the core issues, consider the broader implications of their positions, and reflect on what outcome would work well not just for those in the room, but also stakeholders outside of the mediation (for example, a board).
2. A Constructive and Future-Focused Approach
A mediator is there to create an active safe space for dialogue. They must help each side hear the other, facilitating a process where the parties can understand each other’s perspectives. This empathetic but focussed approach often begins in joint sessions, where mediators summarise discussions to ensure everyone understands the issues at stake in the mediation.
The mediator's ability to foster productive dialogue also extends to shuttle diplomacy - moving between parties to keep communication flowing and help them navigate difficult parts of the negotiation. Helping the participants find ways to frame their positions more effectively is another crucial part of this role. It involves encouraging each party to consider how their proposals might be perceived by the other side, which can foster better communication and understanding.
3. Adding Expertise and Encouraging Solution-Building
Increasingly mediators are being called upon to use their expertise in specific fields to add value to the process. For example, a mediator with a background in construction or surveying can contribute relevant insights that help shape a more informed discussion. This expertise, combined with the mediator's ability to see the needs and interests of both parties, allows them to help build bridges without directly offering solutions.
However, whilst there may be some increased specialism from mediators, it is also important to recognise that the mediator’s role remains primarily facilitative and that they are not there to offer solutions but encouraging parties to determine their own solutions within the context of the dispute. . The mediator should do this by offering insights and posing questions that enable participants to evaluate their positions from new perspectives.
4. Increased Time and Engagement in the Process
Another trend in mediation is the increasing span of time that mediators may spend with mediation parties. Many mediators now spend more time working with the parties outside of scheduled mediation sessions, before and after the mediation. Sometimes, this means keeping the momentum going by continuing discussions after regular sessions to push towards settlement. The availability of digital tools, such as virtual meeting platforms, has facilitated this ongoing involvement and made it easier for mediators to keep connected with the parties.
5. Building Communication Bridges
Effective mediation is about enhancing negotiation; and improving communication challenges. Disputes can arise from poor communication, particularly when language or cultural differences come into play. A mediator's role, therefore, is to bridge these gaps—rephrasing, clarifying, and making sure that both sides truly understand one another.
Mediators must also work to articulate each party's needs in a way that makes sense to the other, helping to reduce misunderstandings and keep negotiations focused on the issues at hand rather than getting lost in misinterpretation.
Conclusion
The mediator's role in 2024 is evolving to meet greater demands for value and effectiveness. Today's mediators are increasingly using their expertise to help build solutions, fostering deeper communication, and providing a platform for constructive and future-focused discussions. It is about bringing empathy, clarity, and creativity into the process to help parties not only resolve their disputes but also find common ground that is meaningful and sustainable.
The focus is on making mediation more impactful—by spending more time, adding professional insights, and continuously engaging until an effective resolution is achieved. The goal of an effective mediator in 2024 is to not only help resolve conflicts but also ensure the resolution process adds genuine value to all parties involved for future growth.