What is a mediator?

NRLA partner, the Property Redress Scheme’s Tenancy Mediation Service, shares advice on what a mediator is, exploring the role of a mediator and the skills they need to facilitate a mutually agreeable outcome to a dispute.

If you haven’t taken part in mediation before it can be a daunting experience.

For more information, read ‘What is mediation and why does it matter?’, which explains how the mediator is there to make sure everything runs smoothly, and ‘How does mediation work?’, which explores the five stages of mediation and how you can prepare. 

What is a mediator?

Let’s first take a very brief look at Mediation, this is a process where an impartial and neutral third person, the mediator, enables a resolution of a dispute without suggesting what should be the outcome or solution. 

Mediation is an informal and non-adversarial process intended to help disputing parties to reach a mutually acceptable outcome.

What is the role of the mediator?

The role of the mediator is to remove obstacles to communication, support the parties to identify issues, explore the options available, and facilitate a mutually agreeable outcome to resolve the dispute. 

However, it is important to remember that the ultimate decision rests solely with the parties. 

A mediator cannot force a party to make a particular decision or in any other way impair or interfere with the party’s right to make an independent and informed decision.

A mediator supports and guides those involved in a dispute to reach their own resolution, helping to settle a dispute or reach an agreement when there is conflict between two or more people or groups by acting as an intermediary or go-between for those concerned.

The mediator does not decide the outcome, but helps the parties understand and focus on the important issues needed to reach a resolution.

Mediators are skilled at sifting through the facts, emotions, and individual interests of those involved to get down to the real core reasons for the dispute and what a fair outcome could be for everyone.

The mediator will clarify the issues, and assess the strengths and weaknesses of each party's case. 

The mediator also offers creative approaches to finding solutions, while maintaining an unbiased perspective.

A mediator's duties are:

•    To conduct a mediation in a fair and unbiased manner

•    To help everyone move forward to resolution

•    To maintain the confidentiality of a mediation

•    To conduct the mediation in accordance with the codes of conduct and company policy

What skills does a mediator need?

Becoming a successful mediator requires developing a specific skill set - mediators should be specially trained and qualified (although this is not a legal requirement).

The skills that mediators develop help them work under a range of different circumstances to facilitate discussion to ensure that the conflicting parties can reach an agreed outcome.

Some key skills a mediator needs

•    Active listening: mediators need to have excellent active listening skills to ensure they hear and retain what parties have said

•    Empathy: this relates to emotional intelligence and the mediator’s ability to understand other people and their feelings

•    Negotiation skills: these are key, as well as a non-judgemental, impartial attitude

•    Conflict resolution: this is essential for the mediator to have so that they are able to reach compromises when mediating. Conflict resolution skills help to determine the ideal peaceful solution for an issue

•    The ability to establish trust: it’s key that the mediator has the skills to do this with all parties

•    Excellent communication skills: mediators will be skilled in summarising the most important details from a session to check for understanding. Communication skills may also help them to reframe what parties say by removing emotions and focusing solely on the facts.

Why you should use mediation

Evicting tenants and chasing rent arrears through the court takes time and money. What’s more, the courts will expect you to try and resolve matters before using the courts. The Property Redress Scheme tenancy mediation service can resolve the situation amicably:

It’s quick – we typically reach an agreement in 10 to 15 working days

It works – tenants work with us once they realise we’re not just on the landlord’s side

It saves you time, money and stress – we find fast practical solutions without incurring expensive court proceedings

Call 0203 907 1857 to find out more or start your mediation.