BCDR International Arbitration Review
December 2019 – Volume 6 Issue 2
Page 335

Successful Mediation Strategies 
Rhéa Jabbour


As a consensual and informal process, mediation relies on the key principles of party self-determination, mediator neutrality, and mediator impartiality. It is a form of negotiation assisted by a neutral third party who does not compel parties to accept any prescribed solution. Mediation can be used for both personal and professional disputes to avoid the burden of formal, lengthy, and cost-intensive court proceedings. While mediators may tailor the models of problem-solving--facilitative, evaluative, and transformative--to the specific case, any type of mediation requires significant party participation. The skilled mediator uses a set of specific techniques, including judicious questioning, active listening, and reality testing, to establish a safe and authentic mediation environment and help parties make an informed decision towards dispute resolution.