Richard Buxton WWW.LAWYER-MONTHLY.COM 31 What is the role of the mediator and how is the mediator appointed? Fundamentally, a mediator must be a neutral and independent professional. Mediators wear many hats as follows: a. The mediator is a “friend” to all; he/she must build a relationship of trust with the participants quickly and effectively. b. A negotiator - must use the information provided in the best and most positive way in helping parties to shape and settle the best deal possible as realistically, and that will stick. c. A communicator-bringing clarity to an often confused and deadlock situation and helping participants to speak with each other in a safe environment. d. A manager- orchestrate the day in the most efficient way helping participants to make the best of the opportunity. There are three main ways of being appointed: • directly. • through a provider; or • by a court or other scheme, e.g. Civil Mediation Council (“CMC”). Please share a brief overview of your journey in the field of civil and commercial mediation. I witnessed the horrendous stress, costs, and complexities of litigation early in my career. I experienced this even more personally in the early 1990’s as a father not being able to see his firstborn son and having to go through High Court litigation and the probation service (pre CAFCASS). I resolved professionally to explore other options. Firstly, I turned to arbitration and took an evening course in the City of London. I became an Associate member of the Institute of Arbitrators. Unfortunately, I did not pass the final award exam either in London or Singapore, so I was unable to become an Arbitrator! My interest in ADR never left me. Therefore, when I started a family law practice, I turned to family mediation as I perceived this was a far better way to sort out child arrangements and the splitting of assets on divorce than the Family Courts. 5 years later in 2019, I qualified as a Civil and Commercial mediator including Workplace and Employment in 2020. www.mortlakelaw.co.uk Richard Buxton, a seasoned legal professional with over five decades of experience, delves into the transformative power of civil and commercial mediation, shedding light on its role in resolving disputes and shaping the future of conflict resolution. An Interview with... Pioneering Mediator Shares Insights
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