The primary role of a mediator is to carry out a communication process between the conflicting parties and reach a mutual agreement without incurring higher expenses and saving on time. As much as the mediator controls the meeting, he/she has no power to reach on a solution. Besides, he/she should not offer any legal advice to the parties even if he/she is a lawyer. The parties should be liable for their decisions and seek legal advice from their counsel. Information can be found here.
Duties of a mediator
Code of conduct: Mediators should at all-time follow the code of conduct as required by the law. The proceedings should be conducted in a manner that does not violate any law.
Impartiality: A mediator should always remain neutral during the process to avoid favouritism. Mediators are allowed to withdraw his/her duties when there is doubt of fairness. The conflicting parties are allowed to seek help from another mediator of their choice.
Confidentiality: This is the crucial role of a mediator to ensure a successful mediation. The law provides the need for confidentiality of all communications or documents involved during the process. The law also protects the mediator, and he/she cannot be summoned by a court of law to act as a witness in case of post disputes. See here for information about Mediation Process.
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