Mediator

Mediators resolve disputes between two parties by examining the case, interviewing both parties, and advising on a solution which would be the most beneficial for them. They listen to both parties in order to facilitate communication and find a fair agreement and organise meetings. They aim at resolving disputes through dialogue and alternative solution without having to take the case to litigation and courts. Mediators ensure that the resolution is compliant with legal regulations and is also enforced.

Excludes people performing resolution of legal process by making the final decision.
Excludes ombudsman.

The following job titles also refer to mediator:

alternative dispute resolution coordinator
advice worker
labour mediator
family mediator
legal intermediary
conciliator
mediation commissioner
labor mediator
arbitrator
conflict mediator

Master’s degree is generally required to work as mediator. However, this requirement may differ in some countries.

ISCO skill level is defined as a function of the complexity and range of tasks and duties to be performed in an occupation. It is measured on a scale from 1 to 4, with 1 the lowest level and 4 the highest, by considering:

• the nature of the work performed in an occupation in relation to the characteristic tasks and duties
• the level of formal education required for competent performance of the tasks and duties involved and
• the amount of informal on-the-job training and/or previous experience in a related occupation required for competent performance of these tasks and duties.

Mediator is a Skill level 4 occupation.

These occupations, although different, require a lot of knowledge and skills similar to mediator.

legal consultant
prosecutor
court jury coordinator
justice of the peace
supreme court judge

These occupations require some skills and knowledge of mediator. They also require other skills and knowledge, but at a higher ISCO skill level, meaning these occupations are accessible from a position of mediator with a significant experience and/or extensive training.

This knowledge should be acquired through learning to fulfill the role of mediator.

These skills are necessary for the role of mediator.

Apply conflict management: Take ownership of the handling of all complaints and disputes showing empathy and understanding to achieve resolution. To be fully aware of all Social Responsibility protocols and procedures, and to be able to deal with a problem gambling situation in a professional manner with maturity and empathy.
Negotiate in legal cases: Negotiate on the client’s behalf during the treatment of a legal case in order to obtain the most beneficial outcome for the client, and to ensure that all decisions are compliant with legal regulations.
Interpret law: Interpret the law during the investigation of a case in order to know the correct procedures in handling the case, the specific status of the case and the parties involved, the possible outcomes, and how to present the best arguments for the most favourable outcome.
Facilitate official agreement: Facilitate an official agreement between two disputing parties, ensuring that both parties agree on the resolution which has been decided on, as well as writing the necessary documents and ensuring both parties sign it.
Observe confidentiality: Observe the set of rules establishing the nondisclosure of information except to another authorised person.
Advise on conflict management: Advise private or public organisations on monitoring possible conflict risk and development, and on conflict resolution methods specific to the identified conflicts.
Handle conflicts: Mediate in conflicts and tense situations by acting between parties, such as service users, important others like families, and institutions, striving to effect an agreement, reconciliate, and resolve problems.
Apply knowledge of human behaviour: Practice principles related to group behaviour, trends in society, and influence of societal dynamics.
Listen to the stories of the disputants: Listen to the arguments of the parties involved in disputes in order to clarify misunderstandings and miscommunications among them.
Meet with clients for legal services: Meet, interview, and advice clients to know their needs in terms of legal matters and to establish the cooperation based on the specialisation of the professional or legal firm.
Promote communication between parties: Encourage parties to communicate among them and share their views on events and happenings in order to find cooperation paths.
Exercise neutrality in mediation cases: Conserve neutrality and strive to keep a bias-free position in the solution of disputes between parties in mediation cases.
Draft the rules of the mediation service: Communicate and enforce the rules of mediation for an adequate provision of the service such as taking turns to speak, avoiding interruptions, and having a cooperative attitude.

This knowledge is sometimes, but not always, required for the role of mediator. However, mastering this knowledge allows you to have more opportunities for career development.

Business law: The field of law concerned with the trade and commerce activities of businesses and private persons and their legal interactions. This relates to numerous legal disciplines, including tax and employment law.
Contract law: The field of legal principles that govern written agreements between parties concerning the exchange of goods or services, including contractual obligations and termination.
Legal case management: The procedures of a legal case from opening to closing, such as the documentation that needs to be prepared and handled, the people involved in different stages of the case, and the requirements that need to be met before the case can be closed.
Consumer law: The area of law that regulates the relationship between consumer and businesses providing goods or services, including consumer protection and regulations on irregular business practices.
Legal research: The methods and procedures of research in legal matters, such as the regulations, and different approaches to analyses and source gathering, and the knowledge on how to adapt the research methodology to a specific case to obtain the required information.
Civil law: The legal rules and their applications used in disputes between different parties.

Legal terminology: The special terms and phrases used in the field of law.
Commercial law: The legal regulations that govern a specific commercial activity.
Corporate law: The legal rules that govern how corporate stakeholders (such as shareholders, employees, directors, consumers, etc) interact with one another, and the responsibilities corporations have to their stakeholders.
Court procedures: The regulations which are in place during the investigation of a court case and during a court hearing, and of how these events occur.
Civil process order: The legal procedures and standards that courts follow in civil lawsuits.

These skills and competences are sometimes, but not always, required for the role of mediator. However, mastering these skills and competences allows you to have more opportunities for career development.

Create solutions to problems: Solve problems which arise in planning, prioritising, organising, directing/facilitating action and evaluating performance. Use systematic processes of collecting, analysing, and synthesising information to evaluate current practice and generate new understandings about practice.
Make legal decisions: Make decisions in legal cases in order to reach an official conclusion which has to be enforced, creating a decision which is legally binding for the parties involved in the case.
Compile legal documents: Compile and collect legal documents from a specific case in order to aid an investigation or for a court hearing, in a manner compliant with legal regulations and ensuring records are properly maintained.
Show impartiality: Perform duties for disputing parties or clients based on objective criteria and methods, disregarding prejudice or bias, to make or facilitate objective decisions and outcomes.
Protect client interests: Protect the interests and needs of a client by taking necessary actions, and researching all possibilities, to ensure that the client obtains their favoured outcome.
Analyse legal evidence: Analyse evidence, such as evidence in criminal cases, legal documentation regarding a case, or other documentation that can be regarded as evidence, in order to obtain a clear image of the case and reach resolutions.
Present evidence: Present evidence in a criminal or civil case to others, in a convincing and appropriate manner, in order to reach the right or most beneficial solution.
Present arguments persuasively: Present arguments during a negotiation or debate, or in written form, in a persuasive manner in order to obtain the most support for the case the speaker or writer represents.
Think analytically: Produce thoughts using logic and reasoning in order to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems.
Manage legal personal issues: Represent clients in personal issues of a legal nature such as trading properties, housing agreements, wills and probate, divorce and alimony requests and personal injury claims.
Present legal arguments: Present legal arguments during a court hearing or during negotiations, or in written form after a trial concerning its outcome and sentence, in order to ensure the best possible outcomes for the client or to ensure the decision is followed. Present these arguments in a manner that is compliant with regulations and guidelines and adapted to the specifications of the case.
Moderate in negotiations: Oversee negotiations between two parties as a neutral witness to ensure that the negotiations occur in a friendly and productive manner, that a compromise is reached, and that everything is compliant with legal regulations.
Revise legal documents: Read and interpret legal documents and proofs about happenings in relation with the legal case.
Respond to enquiries: Respond to enquiries and requests for information from other organisations and members of the public.
Conduct research interview: Use professional researching and interviewing methods and techniques to gather relevant data, facts or information, to gain new insights and to fully comprehend the message of the interviewee.
Manage contracts: Negotiate the terms, conditions, costs and other specifications of a contract while making sure they comply with legal requirements and are legally enforceable. Oversee the execution of the contract, agree on and document any changes.
Advise on legal decisions: Advise judges, or other officials in legal decision-making positions, on which decision would be right, compliant with the law and with moral considerations, or most advantageous for the adviser’s client, in a specific case.
Provide legal advice: Provide advice to clients in order to ensure that their actions are compliant with the law, as well as most beneficial for their situation and specific case, such as providing information, documentation, or advice on the course of action for a client should they want to take legal action or legal action is taken against them.
Handle financial disputes: Handle disputes between individuals or organisations, either public or corporate, which deal with financial matters, accounts, and taxation.
Manage contract disputes: Monitor issues that arise between the parties involved in a contract and provide solutions in order to avoid lawsuits.

2619 – Legal professionals not elsewhere classified

 

 

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References

1. Mediator – ESCO