MEDIATION AND ALTERNATIVE DISPUTE RESOLUTION
NOTES FOR OBSERVERS
Your role
The role of observer serves two important purposes:
1. It gives you the opportunity to observe the mediation process and analyse the
performance of the mediator and their effect on the parties.
2. It gives the mediator an opportunity for feedback from someone who did not
take a direct part in the exercise and was able to observe it in its entirety.
Good Practice for Observers
Please try to be as unobtrusive as possible throughout the session.
Take your seat and arrange your position and all that you will need before the
mediation begins. If you are observing the mediation via an online workshop
platform remember to mute your microphone so that you do not disturb the
participants.
You should not discuss the mediation with the mediator or the parties until
directed to do so in the feedback session.
You must take notes on your observations. It is particularly helpful if you are
able to give feedback using verbatim quotes or direct examples of what you
have observed.
Please try to relate your observations to the mediation guide criteria.
You must be prepared to copy your notes for distribution or to give copies to
tutors if requested.
General Points to Consider
You should consider the general points below when observing any mediation. You
will be given specific instructions about particular areas to watch for prior to
observing each of the case studies.
Note whether the mediation environment is given consideration before the
session begins. Are the practical / physical needs of the parties met?
Remember that such needs may differ if the mediation is being conducted in
an online environment.
How effective is the mediator in the opening joint session. In particular look
for:
- Clarity in explaining role;
- Control of opening statements;
- Clear explanation of the process.
In individual meetings watch for empathy building and the use of listening
techniques etc. You might find it helpful to consider the following questions:
- Is silence used by the mediator?
- Are questions open?
- How is trust developed?
1920_LLM_MADS_ce01_NotesforObservers_v1.0 1 © The University of Law Limited
- Does the mediator show empathy with the parties?
- How does the mediator manage time?
- Does the mediator control the process?
- Does the mediator attempt to impose a settlement or act as legal
advisor?
- What effect does the mediator appear to be having on the parties?
In joint meetings observe how the mediator maintains control and manages
the process. Consider the following questions:
- Does the mediator acknowledge progress made?
- Are settlement terms adequately confirmed?
- Are future steps / further action clarified?
Giving Feedback
Feedback must be:
Specific
Focused
Objective
Capable of remedy
Ideally you should identify how any problem could be rectified. Do not feel that you
have to qualify or pad your feedback with generalised comments e.g., “That was
really good but….”
It is more helpful to simply identify a few key points and explain them clearly and
objectively. Do give specific positive feedback on particular strengths as well as
weaknesses.
End of document
1920_LLM_MADS_ce01_NotesforObservers_v1.0 2 © The University of Law Limited
