SMARTER DISPUTE RESOLUTION

SMARTER DISPUTE RESOLUTIONSMARTER DISPUTE RESOLUTIONSMARTER DISPUTE RESOLUTION

SMARTER DISPUTE RESOLUTION

SMARTER DISPUTE RESOLUTIONSMARTER DISPUTE RESOLUTIONSMARTER DISPUTE RESOLUTION
  • About
  • Dispute Resolution Basics
    • What is ADR?
    • Role of a Mediator
    • Shortcomings of ADR
    • ADR vs. ODR vs. SDR
  • The SMART Method
  • FAQs
  • More
    • About
    • Dispute Resolution Basics
      • What is ADR?
      • Role of a Mediator
      • Shortcomings of ADR
      • ADR vs. ODR vs. SDR
    • The SMART Method
    • FAQs
  • About
  • Dispute Resolution Basics
    • What is ADR?
    • Role of a Mediator
    • Shortcomings of ADR
    • ADR vs. ODR vs. SDR
  • The SMART Method
  • FAQs

Traditional Role of a Mediator:

A mediator is a trained professional who helps people navigate difficult conversations and resolve conflict in a constructive way. Unlike a judge or arbitrator, a mediator does not decide who is right or wrong, and unlike an attorney, they do not represent either side or provide legal advice.


Mediators do not take sides or advocate for one party over another. Their role is to remain impartial while guiding the process, ensuring that each participant has an equal opportunity to speak, be heard, and understand the other’s perspective. They help manage communication, reduce tension, and keep discussions focused on resolution rather than blame.


Most importantly, a mediator creates a structured, respectful environment where parties can work together toward a mutually acceptable solution. The outcome is shaped by the participants themselves, with the mediator supporting clarity, balance, and forward progress throughout the process.

Key Responsibilities:

Facilitating Communication

Creating a Safe and Respectful Environment

Facilitating Communication

  • Mediators help keep the conversation clear and focused.


  • They may ask questions, summarize key points, and gently redirect when discussions drift off course.


  • Their goal is to make sure that each party has the opportunity to speak and that misunderstandings are clarified along the way.

Maintaining Neutrality

Creating a Safe and Respectful Environment

Facilitating Communication

  • A mediator does not favor one side over the other.
    They remain impartial throughout the process, treating all participants with respect and fairness.


  • Even if one side seems stronger or more vocal, the mediator works to balance the conversation so that everyone’s voice is valued equally.

Creating a Safe and Respectful Environment

Creating a Safe and Respectful Environment

Creating a Safe and Respectful Environment

  • Disagreements can sometimes bring up strong emotions.


  • Mediators set ground rules for respectful dialogue and step in if conversations become disrespectful or unproductive.


  • Their role includes helping people stay focused on the issues rather than personal attacks.

Identifying Issues and Interests

Identifying Issues and Interests

Creating a Safe and Respectful Environment

  • Often, what people argue about on the surface is not the real root of the conflict.


  • A skilled mediator helps uncover the deeper interests, needs, and concerns that are driving the disagreement.


  • This deeper understanding makes it easier to find creative and lasting solutions.

Supporting Problem-Solving

Identifying Issues and Interests

Supporting Problem-Solving

  • Mediators do not tell people what they should agree to.


  • Instead, they encourage brainstorming, reality-check ideas, and help participants consider different options.


  • The solutions belong to the parties themselves, not to the mediator.

Documenting Agreements

Identifying Issues and Interests

Supporting Problem-Solving

  • If the parties reach an agreement, the mediator can help put the terms into writing.


  • This summary serves as a record of what was decided and can be referred back to later if questions arise.


  • In some cases, this document may be shared with attorneys, HR departments, or courts if needed.

What a Mediator Does Not Do:

Does not make decisions

Does not offer legal advice

Does not offer legal advice

 

Mediators guide, but they do not choose sides or dictate outcomes.

Does not offer legal advice

Does not offer legal advice

Does not offer legal advice


They may encourage participants to seek outside legal counsel if needed.

Does not enforce agreements

Does not offer legal advice

Does not enforce agreements


Once an agreement is reached, it is up to the participants or their legal representatives to formalize or enforce it if necessary.

Mediators practicing SDR are different.

Mediators practicing Smarter Dispute Resolution take a dramatically more proactive role in working to resolve disputes.

Learn more

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