Mediator Geneva

Mediation

Impartial and a rigorous enforcer of the confidentiality agreement, the mediator must be certified by an officially sanctioned authority, a member of a recognized trade association, adhere to continuing education curriculums and be regularly evaluated so as to leave no doubt in the eyes of the parties about their competency in artfully leading a mediation and their mastery of the art, tools and techniques of mediation.

Trust and respect

The mediator must convey enough authority in order to scrupulously enforce the rules of mediation and earn the respect of the parties as well as their counsels. A professional mediator never interprets statements, nor does he judge or hold prejudices.
It is paramount for the mediator to remain attentive and impartial so as to objectively assess a situation. This allows the mediator to untangle the situation, classify problems by order of importance and most importantly uncover hidden ones, referred to as unspoken.
This neutrality allows mediators to guide parties towards resolving their differences themselves and to reach a negotiated, optimal and non imposed solution which is undeniably in everyone’s best interest.

At times of resistance, the mediator will consult privately and separately with each party for equal amounts of time ("apartés").

Code of conduct for mediators

Competence affords the mediator credibility in the eyes of the parties.
Independence. The mediator cannot know the parties personally.
Impartiality. The mediator should never favor a party.
Neutrality. The mediator cannot have a vested interest in one outcome or another.
Efficiency. The mediator must also be a facilitator.
Equity must be enforced at all times.
Liberty of each party must always be respected.
Equality must also always be respected.
Transparency, while respecting the confidentiality requested by the parties.
Confidentiality is paramount.

Premature ending of a mediation

The mediator reserves the right to prematurely end any mediation, in good conscience, should he notice a forcible pressure leading to an abnormally unbalanced agreement, the malicious use of legal subtleties against an unsuspecting party as well as any breach of the rules of mediation and laws in general.