Can you be a mediator without a law degree? – 2021

By Solent Family Mediation |
February 7, 2021

Does A Mediator Need A Law Degree?

No, a mediator does not have a law degree. In simple terms, a mediator is an objective and neutral somebody who assists both parties in resolving a dispute or conflict. Mediation can be employed in nearly any dispute circumstance, including divorce, child abduction, housing troubles, commercial disputes, and neighbour disagreements, as well as more extreme terror and siege situations. In complex commercial disputes, mediation may involve a large number of parties from multiple jurisdictions.

What does a mediator do?

Typically, mediators specialise in specific types of disputes, but their goal is to mediate an agreement between conflicting parties and assist them in focusing on finding workable, realistic solutions in a supportive, non-judgmental environment.

Activities may include:

  • Arrange early fact-finding meetings with each of the disputing parties to establish the dispute’s history and gain an understanding of their goals.
  • Obtaining the participation of all parties in the mediation process.
  • Creating and maintaining a tranquil environment so that the participants can concentrate on objectivity rather than emotion.
  • Offering practical advice to the parties in an effort to establish an accord
  • Drafting a “memorandum of understanding” that outlines the parties’ agreement

What are the different mediation areas?

The most frequent areas are:

  • Divorce and parental rights
  • Conflicts at work and industrial action
  • Housing – landlord-tenant conflicts
  • Disputes between neighbours
  • Commercial disputes
  • The system of criminal justice

What skills does a mediator need?

  • Negotiation skills and a non-judgmental, impartial mindset are crucial.
  • The capacity to manage “conflict” and maintain composure while encouraging others to do the same.
  • The capacity to instil confidence in all parties
  • Superior communication and listening abilities

What is mediation?

What exactly is mediation?

With the assistance of an impartial third party, families can engage in the process of mediation in order to agree about the future living arrangements of their children. The mediator does not instruct either party on what they should do, but rather works to improve the parties’ ability to communicate with one another and assist them in reaching their own agreements in an amicable manner.

What happens at mediation

They will assist you and the other parent in working through all of your concerns, considering your options, determining whether or not those solutions will work effectively in practise, and reaching a consensus over what is in the child’s best interest. A’shuttle’ mediation session can be arranged by the mediator in the event that you do not feel comfortable mediating in the same room as the other parent. A form of mediation known as “shuttle mediation” involves the disputing parties being separated into two separate rooms while the mediator “shuttles” back and forth between the two in an effort to facilitate a settlement.

In the event that parties are able to settle their differences through mediation and come to an agreement, the mediator will draught a “memorandum of understanding” to ensure that all parties are aware of the terms of the settlement.

What can I expect from a mediator?

A mediator in a family dispute needs to maintain objectivity and steer clear of any potential conflicts of interest. Because of this, a mediator is not allowed to mediate a dispute in which they have obtained pertinent information about the parties. In addition, a mediator is required to maintain objectivity towards the resolution of the mediation. They are not allowed to try to impose their desired outcome on any of the parties or exert any kind of influence over them.

You are also need to have the expectation that the mediator would maintain the confidentiality of any and all information collected throughout the course of the mediation. Without the approval of both parties, the mediator is not even allowed to reveal material to the judge presiding over the case. Only in cases where there are credible claims of substantial harm being done to an adult or a child are the mediators permitted to divulge information.

It is important to remember that mediation is a voluntary procedure, and any session for mediation can be postponed or cancelled at any time if it is determined that the parties are unwilling to participate in the process in its entirety. The participants, including the children, need to be encouraged by the mediators to take into account the children’s wants and feelings.

Call Solent Family Mediation to speak to one of our experts – 0238 161 1051