Who Does the Mediator Work For?

Most people are familiar with the role of an attorney in a legal matter - a party hires an attorney and that attorney works for them, advocates for them, and provides legal advice to them. In mediation, the exact nature of what a mediator does and for whom the mediator works is often misunderstood, especially if the mediator also happens to be an attorney. In this article, we will examine that role to understand better just what a mediator does and to whom he / she is accountable.

Mediators are specially trained professionals who are charged with the task of facilitating negotiations between two or more parties in the interest of resolving conflict. Mediators come from fields as diverse as education, law, business, health care, and more to serve as third party neutrals. Some mediators focus on family law cases, some on civil cases, and some do both. However, as a neutral, the mediator must facilitate communication and guide the parties through the mediation process all while taking great care to never appear biased. In contrast to the role of an attorney, the mediator must never show favor to one side over the other nor even give the appearance of doing so. It is not the job of the mediator to evaluate a case and determine who is right or wrong.. It is the responsibility of the mediator to create an atmosphere of trust where the parties will feel comfortable discussing and negotiating to reach the best agreement possible.

Therefore, the mediator works equally for both parties., regardless of who initially sought to retain the mediator’s services. In mediation, all parties should expect a balanced, fair, and respectful opportunity to hear and be heard.

If you have a civil conflict or a family situation that might need mediating, please call us.

Kimberly Barahona

BARAHONA CONSULTING & MEDIATION

832-439-3581