Independence of the Mediator

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[edit] The independence of mediation in front of the areas of expertise, by the dependence of the areas of expertise in front of mediation

A reflection about the position of the mediator in relation with all areas of expertise, particularly the law... by Ivan Martin

[edit] Hypothesis

Releasing constraints is maybe an aspect that the mediator might cause in comparison with all areas of expertise and especially law. The term “expertise” is generally defined as the mastery of a professional technique. The expert is the one whose opinion is without any doubt. Let's consider the mediator as the one who reconsiders, except for mediation (unshakable position...), all other expertises as mere positions.

[edit] Equation

Since an expert is a professional who reviews, reconsiders, and corrects in the specific field of his specialization; since the mediator is an expert in communication; and given that all areas of expertise can be considered according to the communication viewpoint (relational, informational ...): the mediator can reconsider, as an expert, all other positions of expertise and is able to adjust them according to the position of his own domain.

[edit] Solution

Thus the mediator neither falls under the power nor the influence of any expertise. The mediator maintains his own independence by letting other experts position themselves in their fields in which he does not intervene. The mediator maintains a strict position about the quality communication, as any other expert does in its field.

[edit] The Singularity of the Mediation Position Lies in the Scope of its Considerations

Comparison Thus the relational, technical and terminological gap that exists between the various areas of expertise which were disconnected with each other decreases and disappears within the framework of the mediation expertise.

Paradoxically, the specialization that defined but isolated each field of expertise, creating many difficulties in communication among them, is reversed in the field of mediation, which, on the contrary, connects the various expertises to each other through communication. Mediation transforms expertise.

[edit] Proposal

Indeed, unlike other experts who can only intervene separately and individually, the mediator can intervene in all areas and can as well gather the various experts in their own field and enables them to experience a connected relation, a communication previously overlooked. The position of the mediator is unique and intangible.

[edit] Rights of the Law

Thus the law, superior Mother of the convent of all areas of expertise, must resume its rights; but no more.

The objectivity and subjectivity of law join the ones of the other expertises.

The observation is already made: All areas of expertise can all be equally confronted to the mediation expertise.

The independence and impartiality of the mediator must of course be applied to all these areas of expertise which are “parties” like all the others. For the mediator, influences are thus inadmissible. And the law is not an exception; even if the mediator was accustomed to practise law during legal, judicial, penal or family mediations.

The mediator is free of the influence of law and may also release from this constraint.

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