I’ve been asked to identify mediator’s critical skills.

I’m sure every mediator has their own list, so I can only provide the following I consider most important:

1. ) Calm Presence. By listening and observing, more than talking, mediators create a calming environment.

2. ) Listening Skills. Disputants need to feel they’re being heard. It’s easy to make assumptions, but a mediator listens with genuine regard to understand not only parties’ demands and positions, but also their interests or reasons for their demands.

3. ) Observation Skills. Mediators listen to words, but also carefully attend to non-verbal cues to help them understand

4. ) Non-Judgmental. Mediators are neutral, impartial. Disputants need to feel they and their behaviors are not being evaluated.

5. ) Trustworthy. Mediators demonstrate trustworthiness by their explanation of the process, their impartiality, their demonstrated respect for the parties, and accepting non-verbal behaviors

6. ) Encourage Creative Thinking. By careful summaries and questioning mediators encourage parties to consider creative solutions to issues

7. ) Be Optimistic. Mediators should genuinely believe parties are able to resolve issues and communicate that attitude.

8. ) Patience. Mediators recognize resolving differences doesn’t always come easily. They understand time may be required, but also understand how to use deadlines to encourage movement.

9. ) Value Relationships. Mediators recognize the inevitability of conflicts in relationships and appreciate the positive role conflict can play in relationships

10. ) Own the Process, Not the Problem. Mediators don’t take ownership or responsibility for disputes and their resolution, but value the process of managing.

In Scandinavian countries an Ombudsman originally meant someone authorized to act for another. Later, in Sweden, the concept was used for an agency independent of the executive branch of government to safeguard the rights of citizens by investigating complaints and attempting to resolve them. To avoid the masculine-limiting word, the concept is now more often referred to as Ombudsperson, or simply Ombuds.

Ombuds are now used by corporations and nonprofit organizations, hospitals, universities, and government agencies to serve employees who find themselves in a conflict and request help. The Ombuds acts as a neutral party to resolve work-related disputes in a confidential and safe environment and reports only to the CEO or board of directors. Ombuds typically deal with the variety of disputes that can arise between employees and managers, including performance reviews, pay, benefits, discipline, transfer and promotion disputes, inappropriate behaviors in the workplace, and termination.

Ombuds use a variety of skills, including mediation, as well as fact finding and counseling. They make suggestions to top management, and while they do not have the authority to make decisions that are binding by the parties involved, they can make objective recommendations to the parties as how best to move forward.