As per the research, one of the main causes of mediation breakdown is when a group of people is facing issues by having bias from the mediator.
To establish freedom, a mediator is not allowed to provide any guidance or opinion to the party. The process of mediation is owned by the two distinct parties and not the mediator. One of the jobs that are performed by the mediator is to make sure that the parties which are involved in the mediation process are informed to come along with the proposals or the agreement given to them. Both the options are available for the parties. Mediators are the lawyers, which can provide you with a lot of factual information. But, the negative point of being a mediator is that he or she cannot tell parties the best option for mediation between the parties.
If the mediator tries to help any of the parties, then it will become impartial with the other party during the process which will face problems in taking appropriate legal decisions amongst the parties. It is a process of mediation in which finances need to be resolved. In the middle of the process, both the parties need to provide financial disclosure in front of the mediator. As per the first principle of negotiation, the process will start from the first point to check whether both the parties have the same information or not. It is required to have a level playing field for both the parties for the mediation.
So, where there is a guideline for mediation, the first step that needs to be followed is that once the process of mediation gets started, then it is necessary to obtain financial disclosure by using a short financial form. Any question can be raised by the mediator in between the process so as to make sure whether the parties are able to understand, but also the disclosure that it is given to them will not be disclosed at any cost.
The mediator will not be involved with any of the parties through telephonic calls or by any means such as email, etc. This process is banned because the person which will not be connected with the mediator will not be able to hear what the mediator said to the other party. Mediation is such type of process in which the mediator treats both the party at the level. If any one party sends a letter to the mediator, then the mediator will send the information to the other party as well so that no communication gap occurs between the parties. The mediator will not reply through the mail as it is not allowed which will also affect the mediator’s independence.
So, if you are also in search of mediator for any family mediation process, then call us today we have mediators all over the UK