What is the role of a mediator?

On Behalf of | Apr 11, 2022 | Business & Commercial Law

When you and your business partner end up getting into an argument, it can seem like a scary thing. Of course, facing this alone is even scarier.

But fortunately, you do not have to. You can instead go through mediation, which means you will have guidance through the most difficult parts of this process.

What is mediation?

FINRA discusses alternative dispute resolution methods like mediation. Mediation serves as beneficial for many reasons, including that it allows you to skip out on court fees, long wait times, and having the details of your case put in the public record.

Mediation revolves around one crucial figure: the mediator. They act with less authority than an arbitrator or judge, but they still have some power. Essentially, they listen to you and your partners speak.

You can present your arguments, but the primary purpose of their job is to get you and your partners talking to one another. They act as referees and guidelines, helping ensure everyone gets to say their piece. They can also step in if arguments get too heated, ensuring that tempers do not flare and ruin the chance to continue working things out.

What a mediator can and cannot do

Mediators do not have the legal power to make a binding decision in the way a judge or arbitrator does. Accordingly, the onus of figuring out a resolution to the dispute ultimately lies on you and your partners.

However, mediators play crucial roles on the way to reaching this decision. They help to guide and direct, and provide crucial non-biased opinions that can help steer all parties in an agreeable direction.