THE CHARTERED INSTITUTE OF ARBITRATORS

a)

Explain, apply and balance the skills and procedures in civil and commercial mediations as a mediator, including:

• the range and limitations of the several methods of negotiating and mediating;
• the significance, rights and responsibilities of the different performers in a mediation and its legal context;
• the nature of a mediation and its anticipated outcome;
• the methods of initiating and processing a mediation;
• using a broad range of mediation shills and applying them appropriately;
• the status and limitations of a mediation resolution agreement; and
• writing agreements to mediate and mediation resolution agreements.

Mediator qualities

Appropriate manner

Non-verbal communication

Responding to others

Resolute in progressing the process

Appreciation of own values and preferences

Building rapport

Showing respect to all

Common use of names without titles

Appreciating all inputs

Use of humour

Keeping mental, not written note

Alertness to emotional needs

Creating a secure setting

Everyone able to talk freely and openly

All feelings accepted

Procedural skills

Flexibility

Patience

Involving all

Sustaining optimism

Turning negative language to positive

Gathering information using open question

Checking comprehension using closed questions

Testing possible solutions using hypothetical questions

Testing reality using challenging questions

Using silence effectively

Negotiation skills

Dealing with power imbalance

Using information tactically

Getting parties to use information positively

Identification of key issues

Dealing with interruptions

Dealing with inappropriate behaviour

Moving from the past to the future

Avoiding impasse

Saving face

Making intelligent and sensible decisions

Case management

Keeping the parties informed

Maintaining timetables

Avoiding redundant time

Using visual aids