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February 16, 2022

A Day in the Life of Mediators

You may have an image of what mediators do on a daily basis. Does it look like sitting at a table and talking over issues? Well, every case is unique and so is the preparation. While it could be a busy day or week of hearings and cases, mediators have so much more to do in their role in order to help the parties involved reach an agreement.

This article clarifies a few misconceptions about what mediators actually do in their role, how they do it, and how they work with clients specifically.

What Kind of Work Do Mediators Do?

Mediators work to resolve legal disputes between parties outside of the courtroom. The parties requesting mediation or following court-appointed orders can be individual people, groups of people, organizations, companies, or other sizable clients. While mediators can typically be requested in any kind of legal dispute, most mediators have a practice area or specialty they know well so they can serve their clients better.

If the parties are able to resolve their legal dispute with the assistance of the mediator, the mediator will typically draft a mediated settlement agreement (MSA) which is then taken by the parties and incorporated into a final document for a judge’s signature.

What Do Mediators Do on a Daily Basis?

On a non-mediation day, mediators typically spend the day fielding calls and emails from parties either seeking mediation or following up to resolve post-mediation issues. Mediators will also review questionnaire responses and important documents sent by parties for an upcoming scheduled mediation. This is helpful so mediators go into hearings with a clear picture of what the legal dispute is actually about and what each party is claiming. Although the initial meetings with the parties are similar, the issues and disputes in each case will always be unique.

Mediators also do legal research to learn where and how similar legal disputes were resolved—for example, what the settlement amount was or what the applicable legal standards are should the case not resolve in mediation and later require the assistance of a judge.

If there is a mediation scheduled for the day, the mediator will often arrive at the mediation location early to get set up and prepared with any necessary paperwork to facilitate the hearing. Once both parties arrive, the mediator will follow the standard procedure for the mediation. Click here for more information on the mediation process.

Note: Mediators do not advise parties on the law, but it is important for a mediator to know the legal standards so they are able to more effectively guide the parties towards a resolution that satisfies everyone involved.

How Fourth Party Make Your Day as a Mediator Easier

Meeting with parties can involve many different topics—from family law cases to contract negotiations to business cases, anything is possible. A mediator must be flexible and ready for anything. That’s where the Fourth Party app steps in.

Busy alternative dispute resolution professionals in mediation need to maximize their time, money, and client relationships with smart, useful features. Fourth Party is the best app for mediators and arbitrators to execute safe and secure conflict resolution on-the-move. ADR professionals can explore our dynamic note-taking tool for effective in-person or virtual hearing recaps. Also, close cases with confidence with our post-reporting feature that helps you navigate compliance at the state and federal level.

The Fourth Party app is intuitive, designed to help ADR professionals like mediators and arbitrators manage tasks, streamline negotiations, and track results – all in one place. Book a demo with us at Fourth Party to improve the dispute resolution process for yourself and your clients.