What Does a Mediator Do? Duties and Role in the Mediation Process

A mediator is a neutral and independent person who helps parties involved in a legal dispute come together and communicate in order to find a solution.

The mediator's role is not to act on behalf of either party or make a decision about the dispute. The mediator manages the discussion process, contributes to mutual understanding between the parties, and helps them develop their own solution.

Who Is a Mediator?

A mediator is a natural person registered in the register of mediators maintained by the Ministry of Justice.

In the mediation process, the mediator acts as a neutral and independent third party. Their role is to facilitate meetings between the parties, manage the communication process, and create an environment for negotiations aimed at resolving the dispute.

What Does a Mediator Do?

The mediator brings the parties together and creates a discussion process in which they can address their dispute.

During this process, the mediator listens to the parties' claims and demands, facilitates communication, and helps the parties develop their own solutions. The mediator does not require the parties to reach an agreement; the process is conducted with the equal participation of the parties.

If the parties are unable to develop a solution, the mediator may make a settlement proposal within the limits specified by the applicable legislation.

What Are the Main Duties of a Mediator?

The mediator's duties are aimed at ensuring that the mediation process is conducted in an orderly, impartial, and understandable manner.

The main duties include:

• Informing the parties about the mediation process

• Inviting the parties to the initial meeting

• Conducting the discussion process impartially

• Helping establish communication between the parties

• Ensuring equality between the parties

• Maintaining the confidentiality of information and documents shared during the process

• Holding joint or separate meetings with the parties

• Preparing the necessary records at the end of the process

These duties demonstrate that the mediator is not the person who resolves the dispute, but rather the person who manages the resolution process.

Does a Mediator Make Decisions?

A mediator is not a decision-maker like a judge or arbitrator.

In mediation, the solution is reached through the mutual will of the parties. If the parties reach an agreement, the process concludes with a settlement. If they cannot reach an agreement, the mediation process ends without settlement, and legal proceedings may become an option for resolving the dispute.

Therefore, the decisive factor in mediation is not the mediator's decision, but whether the parties are able to reach an agreement.

What Types of Disputes Can a Mediator Handle?

Mediation may be used in private law disputes over which the parties are free to exercise their rights and make decisions.

In certain areas, such as employment disputes, commercial disputes, and consumer disputes, mediation may be a prerequisite for filing a lawsuit. In addition, parties may voluntarily resort to mediation in disputes that are suitable for mediation.

Disputes involving allegations of domestic violence are not suitable for mediation.

How Is the Mediation Process Concluded?

The mediation process may conclude with the parties reaching an agreement or failing to reach an agreement.

At the end of the process, whether the parties have reached an agreement, failed to reach an agreement, or how the mediation activity concluded is documented in a written record. This record is one of the important documents demonstrating that the mediation process has been completed.

If the parties reach an agreement, the scope of the agreement is determined according to their wishes. If they cannot reach an agreement, they may pursue legal proceedings to resolve the dispute.

Why Is the Mediator's Role Important?

The mediator is the person who facilitates communication between the parties and ensures that discussions proceed according to a structured method.

Parties to a dispute may often have difficulty communicating directly with each other. The mediator creates an environment in which the parties can express their claims, demands, and expectations more effectively.

In this respect, the mediator's role is not to make decisions, but to help the parties evaluate their own possible solutions.

Click here for detailed information and application for Basic Mediation Training.