litigation where there can only be one winner, I realised that both parties were often left emotionally and financially exhausted by the process, their relationship worsened and one party was usually left completely defeated in the end. I also recognised that in some cases where judges may be sympathetic to the plight of one party, being that they were bound by the confines of law there was often little they could do. In contrast, where I was able to witness the parties being able to choose and agree their own outcome, I saw how it left them feeling empowered, relieved and happier with the conclusion. So as a mediator, I do not need to make decisions for others; they can do so for themselves. I just provide the right environment for that to happen, and that is far more meaningful of an experience for everyone. Are all mediators lawyers? Juliet: I believe it is important to stress that, as a mediator and non-lawyer, I am able to avoid the legalese that can be confusing to the parties, offering equal support to both parties to ensure they feel listened to and understood. Lawyers can be intimidating, and as mediation is not a legal process it certainly does not need a lawyer to preside over it! In fact, it is important to dispel the myth that all mediators are lawyers – we are not! You do not have to be a lawyer to be a mediator, and trust me, not all lawyers can be mediators – it is a specialised area that requires specialist training. Having been through mediation myself back in the 90s, I can certainly tell you what mediation should not be. Thankfully, mediation has come a long way since then and is now becoming accepted as a means of alternative dispute resolution. In family disputes I bring to the table a non-legal aspect that my clients are grateful for; I obviously do not get into the legal aspects of what they could achieve in court, because not only am I not qualified to do so, but at the mediation stage, I do not believe it is relevant or important. I am there to be the conduit between the parties and to give equal support to them both. Having a non-lawyer mediator can also help Christine Bodden is a seasoned family lawyer who also specialises in property, probate and general corporate commercial law dispute resolution. Christine often accompanies her clients through the mediation processes to provide knowledgeable advice on points of law. with my son’s father that I mentioned earlier and the self-discovery that this was a natural talent. I have always been someone who enjoys helping others through difficulty. At one point as a young girl I wanted to be a judge. In my mind it was a cool way to ‘help’ people by resolving their issues for them when they could not do so themselves. However, by the time I was 14, I noticed that I had a wider ability to seek out the truth and apply it to the wellbeing of others. Throughout high school and university I was always on the student council or acting as a peer counsellor. Looking back, I was consistently a liaison that both the faculty and other students could trust to help them resolve interpersonal issues on campus. As I gained more life experience and watched clients go through the rigors of mediated by the lawyers, that settled in less than 30 minutes. The employer was refusing to pay severance and accusing the employee of misconduct that they fiercely disputed. I was representing the employee and quite early into the session I firmly but gently asked the employer a simple question: “What do you need?” He immediately confessed that he wanted an apology because he felt taken for granted. Upon hearing him out, the employee had no hesitation in providing the apology. 15 minutes later the apology was given, the agreement drafted and the matter resolved. What inspired you to become a mediator? Chanda: For me, it was a combination of the horrible first mediation session 16 LAWYERMONTHLY SEPTEMBER 2022
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