I am a lawyer(solicitor) mediator.
In my experience many lawyers(And I count myself in this domain) who subsequently qualify as a mediator struggle initally with the techniques of being a mediator.
One concept which is difficult is the need to empathise with both(or maybe more) disputing parties. One client can be demanding enough but more than one......it can be pretty tough.
Another difficulty which some lawyers experience is that of eye contact. Us lawyers love our writing pads and our notes. Mediation needs the mediator to establish rapport and rapport quickly. Lack of eye contact and over reliance of notes hinders rapport.
So these are some of the problems of lawyer mediators but where can lawyer mediators count? Why instruct a lawyer mediator?
How can a solicitor mediator provide something which can ultimately get the disputing parties to reach a deal?
Knowlege of the law is a real advantage. A lawyer mediator can help the parties evaluate their cases and help the parties consider how the Courts/Employment Tribunals will rule in the matter.
A more subtle reason to instruct a lawyer mediator is that a lawyer mediator should add gravitas to the mediation process. Gravitas and presence may not appear to count for much but believe me it can make all the difference.
Justin Patten Lawyer and Mediator