The most common forms of ADR for civil cases are conciliation, mediation, arbitration, neutral evaluation, settlement conferences and community dispute resolution programs.
"Mediation" involves an impartial third party who listens and directs discussion but does not suggest outcomes.
The three competency skills for a Mediator-
1. Relationship Skills:
In order to start a mediation process, it is necessary to create an environment conducive to mediation. It is necessary to welcome the parties warmly with energy and enthusiasm. Clients must be assured that they haven’t come there for any litigation rather the mediator must make them comfortable with the belief that they were there to mediate. To begin with the mediator must give the clients highest comfort zone in order to build confidence in the minds of the clients.
2. Process Skills:
This is the most technical skill that one must possess in order to be a successful mediator. If one can open the mediation well and build confidence in the minds of the clients, it will be easier and comfortable for the mediator to end up with a good outcome. At this stage, the Mediator explains his role, responsibilities and procedures to the participants and demonstrates the parties about the structure of the whole mediation process. Even though there is no prescribed rule or method of conducting the mediation, the Mediator may sketch his/her own method of conducting the proceedings. The mediator must always assure the clients about preserving confidentiality and also manage the whole process with full confidence and control on the process throughout the mediation.
3. Content Skills:
A Mediator must be able to convey his responsibility as the mediator and the outcome of the mediation process to the parties no matter they reach into a positive or negative conclusion. It’s important that how the mediator motivates the parties to go with the process and help the clients understand the outcome of the result of the mediation and take their own decisions. A mediator must help the clients to determine and be aware of the failed outcome of the mediation. This is how the clients will prompt themselves to reach into a positive solution. It is necessary to perform reality checking by asking questions.
Therefore, it is important that how mediator asks questions to the parties. Mediators need to be technical while asking any hypothetical questions to the parties. It is also important to manage informations correctly and explore different possible outcomes of the dispute by assessing risks of any failure.