Mediator’s Duties and Parties’ Responsibilities
What is the mediator’s role in mediation? As the mediator, he/she has a duty to propose alternatives, make suggestions and provide legal information (if applicable) that will help the parties in making their decisions. The mediator must ensure a balanced exchange between the parties. By doing so, the mediator will intervene to prevent any manipulation or intimidation by one of the parties. When this happens, it may look like the mediator is favoring one side over the other, but he/she is really protecting the integrity of the process for both parties.
The mediator will explain how the law will affect unresolved issues between the parties. He/She will not take sides or become invested in any particular outcome of the mediation. While they want to help, in the end, it’s the parties’ lives that are being discussed. The parties need to reach their own conclusions with the assistance of the mediator. The mediator listens without bias.
The parties agree to make full disclosure to each other and to the mediator of all property and income and all debts. This is a requirement in any family law matter. It is also very important for the parties to make full disclosure of all information essential to a successful resolution of the issues. In other words, they need to fully participate in the mediation. They need to make their interests and needs known to the mediator and the other party so that understanding and resolution can take place.
The parties are responsible to carry out the terms and conditions of any agreement or judgment. It is not the mediator’s responsibility to enforce the agreement/judgment. If either party is not following through with the agreements terms, the parties are encouraged to return to mediation so that this can be discussed.
These duties and responsibilities should be discussed prior to a mediation session so that everyone understands their role and can fully participate in the process.
