@kaindub said:
Mediators are not legal experts and are not required to know the law … The mediators skill and role is to get parties talking and agreeing.
I agree … to a point. It is probably more important to have someone who can get people talking rather that an expert on strata law.
However, there is a huge lack of knowledge about strata law in the community, underpinned by myths, bush-lawyerism, ignorance and bias.
It really helps if the mediator can say, “Look, I know that’s how you feel but this is what the law says and your case has little chance of success if you proceed with that line of argument.”
As long as the mediator can present facts without appearing to take sides, then an informed and able mediator is so much better than someone whose only skill is knowing when to pass the talking stick.
But, as Kaindub says, ultimately the mediator’s job is to get people talking – they are not there to judge or adjudicate.
NB: One of Fair Trading’s top mediators, Michael Courtney, will be on the panel for Flat Chat Live on November 2. Click HERE for more details.