We are grateful to have had the opportunity to host Dr. Andreas Hacke for our 28th lunch bowl to discuss the mediator’s perspective in the mediation process.
“The mediator is the least important person in the room during the mediation”. Paraphrasing Andreas, this is how he described the role of the mediator during the mediation process.
Here are the main takeaways:
- Mediation is a craftmanship built by practice, based on a solid understanding of the process and of the tools to be used in different situations. Learning this is not easy. It is not part of the classic law school curriculum. Mediator candidates need to be aware that crafting the necessary skills can take some time.
- To be an effective mediator, one should take into account the expectations of the parties in terms of costs, time, and risk control as these are some of the most important issues the parties consider when selecting their dispute resolution mechanism.
- In the toolbox of the mediator, curiosity is an essential part. The best mediators are those who are curious enough to listen attentively to the parties to discover the parties’ core concerns and the true nature of the dispute. Neutrality, humility, diplomacy and flexibility are equally important.
- Mediators should avoid working on the basis of assumptions. Communication in mediation should always start by listening carefully to the parties. The mediator should try to design a process and help the parties to achieve a result as close as possible to the parties’ interests and concerns.
- Last but not least, Andreas pointed out the importance of being a “dispute resolver”. All dispute practitioners (counsel, arbitrators, mediators) should be asking themselves: “Which process and which approach at which point in time will serve the interests of both parties best – and how can I serve these interests?”
Andreas came well-prepared, with his tablecloth set and his wine chilled. We thank him for fully embracing the lunch bowl spirit.
Stay tuned for our next and last lunch bowl before the summer break on 5 July with Benjamin Malek on the use of AI under the new guidelines of the Silicon Valley Arbitration & Mediation Center.
