Ed Ahrens, Jr., Esq. writes monthly thought provoking Editorials on mediation. These views are Ed's and do not necessarily reflect those of Florida Mediation Group.

The law requires a mediator to make an opening statement, to explain the purpose and methodology of mediation. He or she must make it clear that the mediator will not, indeed is not allowed to make decisions in respect to the dispute, must explain that, although the parties may be ordered to mediation, mediation is a consensual process, and, whether by statute or agreement, communications during the proceeding are confidential. In addition, it is customary for the mediator to assure the parties that he or she is impartial, a neutral, and has no bias in favor of one side or the other.

In addition, at the outset and prior to discussing the above items, the mediator will talk about himself or herself.

I can't speak for other mediators, but I can tell you that this is not one of my happy moments in a mediation proceeding. It is not that I don't take pride in what I do and believe I am fully qualified to perform the services I render. After all, aren't we all, down deep, on ego trips? We just don't like to shout our virtues from the rooftops. At the least, it's gauche. I simply do not like to toot my own horn as if I were some snake oil salesman!

So why do mediators do it? If we're certified, you already know we are attorneys or, in the case of family mediation, hold a qualified professional position. You also probably are aware we have conducted numerous mediations, and, if we are lucky enough to be on a web site, you know more about us than you ever wanted to know.

However, just as lawyers are eager to gain the respect of their clients, so, too, mediators are eager to assure that the attorneys, adjusters and clients coming before them have confidence in their dispute resolution capabilities and in them personally. Without commanding that confidence and respect, a mediator's role as a settlement facilitator can be dicey.

Granted, confidence can be gained by the way in which the mediator addresses the participants, the tone of his or her voice, the ability to relate an appropriate piece of humor, even the manner of dress.

But the clincher, especially for the client who has never met nor knows little about the mediator and in many cases is intimidated by the unfamiliar environment, is in what the mediator says about himself or herself, however immodest it may make the mediator appear. It is often a brief recap of the mediator's background and experience that determines the level of cooperation offered by the client and the extent of that person's faith in the process.

So, you denizens of the ADR process, be patient as the mediator, however uncomfortably, expounds on his or her virtues. The payoff to the mediation process can be worthwhile.

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