Commentary

101 The mediator’s role in achieving a settlement

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

101 The mediator’s role in achieving a settlement

| Commentary

101 The mediator’s role in achieving a settlement

The mediator’s mandate should be clearly established before the mediation begins. The parties must decide whether the mediator’s role is to be purely facilitative—that is, confined to generating options and building understanding which may lead to settlement offers proposed by the parties themselves—or also evaluative.

Where the mediator has an evaluative role, his function is to aid settlement by helping the parties to reassess their positions. The mediator must tread carefully in this regard; if he appears to adopt a particular position on either side of the dispute, this may damage his

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