What is the difference between a negotiator and a mediator?

mediator

Negotiation is a process where two parties in a dispute reach a settlement between themselves that they can both agree on. A professional negotiator is only on the side of the party that they represent. A third-party individual, or group, is called a mediator. The mediator facilitates communication between the parties without being on one side or the other. 

What are the characteristics of a negotiator?

The characteristics of a negotiator are skills like preparation and planning, subject matter experts, ability to think clearly under pressure, verbal communication skills, listening skills, good judgement and intelligence, integrity, persuasive abilities, patience, decisiveness, knowledge of the process and flexibility to work in possible areas of agreement. 

What are the characteristics of a mediator?

Mediations and negotiations are both an art. Although mediation skills can be taught, the advanced abilities of a mediator are learned through experience and a few intangibles. Alertness is a key characteristic of a good mediator. A mediator is constantly absorbing information from two sides and tasked with evaluating for value and authenticity. A mediator focuses not just on the words said, but also the demeanor in which they are delivered. Patience and tact are key components of a good mediator as well. Credibility, objectivity, and self-control are markers of someone who is good at their job as a mediator. Perseverance and initiative are required to mediate an issue fully as well.

A negotiator works on behalf of their client, a mediator is an impartial facilitator with no link to either party. It is important in legal issues to know the difference between the two and to utilize the services of each if they are applicable to your legal matter. No one goes out looking for legal troubles, but having a team focused on your success is vital. Relying on your legal team to ensure you have the best candidates working on your case can ensure a better outcome for your issue.