What Matters Most in Mediation: My Core Values

I've been a CEDR Accredited Mediator since 2005, and with IPOS Mediation since 2007. Recently, an email chat with my fellow IPOS mediators about “hours of work” got me thinking about what parties really expect from us. This led me to reflect on what I believe are the most crucial aspects of mediation, and my core values as a mediator.

For me, the absolute cornerstone of mediation is neutrality and impartiality. The whole process relies on parties trusting that I, their mediator, am unbiased and solely focused on helping them reach a mutually agreed solution. This trust comes from treating everyone fairly, and my integrity is key to building that credibility.

Commercial disputes often involve big money and reputations. So, as a mediator, I have to act ethically and transparently. That means resisting any pressure to manipulate outcomes, like just pushing for a "split the difference" solution. I earn trust by being professional, respectful, and always prepared – because every case is unique.

My job is to create a constructive and safe environment where everyone feels heard and understood. This kind of space encourages openness, creative problem-solving, and ultimately, resolution. My years of negotiating deals in business and mediating countless cases have given me the skills to manage the process and communicate effectively, which is more important than ever.

Clear thinking and accurate expression are vital for guiding the process. And empathy allows me to truly grasp not just what people want, but their underlying interests, concerns, and emotions. This takes a lot of concentration and imagination on my part.

Mediation works best when the process is customised to the specific dispute and the parties involved. I spend a lot of time preparing, even working out the best way to run the session – like when to have joint meetings, who should meet privately with me, how to get the most from everyone, and how to handle experts.

Confidentiality is crucial because it builds safety. People are more likely to share sensitive business information and explore creative solutions when they know our discussions will be private. My willingness and ability to tailor the process, including offering preliminary discussions and post-mediation follow-ups, is a strong indicator of quality. I believe my approach provides a level of skill that goes beyond just understanding the system.

My experience in commercial negotiation and mediation means I'm always focused on problem-solving and guiding parties toward practical, sustainable agreements. Clients often tell me I'm calm, patient, creative, and persistent in helping them move past rigid positions to find solutions that benefit everyone.

Ultimately, what truly matters is whether the mediation helps resolve the dispute – completely, partially, or by clarifying the next steps. I'm confident I add value here, and more often than not, I help parties find a lasting settlement.

My skills and experience are similar to my colleagues', but we each bring our own unique touch. We all agree that the best features of mediation come down to process quality, mediator skill, impartiality, adaptability, and positive outcomes. When you combine these features with a mediator's core values, you get the foundation for effective commercial mediation that fosters trust, constructive dialogue, and lasting resolution.

Oh, and one last thing: a mediator who has earned the trust of the parties – by being professional, respectful, and prepared – is far more valuable than one who simply logs more hours.

 

Mark Linnell
Mediator
Email: mark.linnell@mediate.co.uk

 

A Bit About Mark Linnell:
Before his mediation career, Mark served as a Cavalry officer in the 9th/12th Royal Lancers (POW’s), with deployments to Northern Ireland (where he was Mentioned in Despatches) and Germany. He is still  involved with the Royal Lancers having been a trustee.

He's a highly respected negotiator and mediator in the UK, accredited by CEDR since 2005, and consistently ranked in Chambers UK and Legal 500. He's also a member of the Civil Mediation Council and has a wide range of experience in commercial, agricultural, financial, and family mediations.

Since 2021, Mark has been the Chairman of the Naseby Battlefield Project. His unique blend of military and mediation experience gives him a special insight into the historical battle of Naseby. Living near the battlefield, he can visually interpret the strategies and tactics used, drawing valuable lessons for managing modern disputes and conflicts.