Mediator Objectivity

Mediator Objectivity

Deidra Jenkins

Family Law & Divorce Mediation

Prof Kathryn OKeefe-Hale

April 24, 2012

Family mediation is a process that is set in place to help couples reach agreements. This process “identifies approaches in dispute resolution that leave the ultimate decision-making authority in the hands of the conflicting parties rather than the law” (Erikson, 2001). Mediation is based on the apprehension of helping instead of dismantling adversary (Erickson, 2001). A neutral, trained family mediator works diligently with the couples discussing all issues related to their family conflict, exploring all possible options to resolution, and identifying solutions that are in the best interest of everyone involved (Erickson, 2001). The mediator is not a judge and does not make a decision on the parties’ case. Comparatively, the neutral party assist with the dispute by allowing the couple to resolve the dispute themselves, managing the mediation sessions, and remaining candid.

The private sessions between the parties and the mediator are governed by a contract. The contract explains the rules and fees for the mediation. This is required to be returned to the mediator prior to the first session. In this problem solving process, mediators should remain candid. The mediator should be wary of taking any sides that could lead to problems within the mediation (Erickson, 2001). For example, the couple may start making negative comments toward one another. The role of the mediator is to remain neutral and bias at all times during this process. The mediator cannot favor one side more than the other. However, the mediator can help the couple talk through their conflict and conclude with a resolution that will satisfy both sides.

In helping couples resolve their issues, it is the mediator’s role to allow the couple to identify their problem. Although this step may be painful for the couple, it is essential in mediation, recognizing the source of the...