Giovanni De Berti

Giovanni De Berti is a facilitator. He believes in helping the parties to be open to each other, to see the dispute as a common problem to be solved together and to cooperate in this solution. He does not expect the parties to become selfless, self-denying or generous towards each other just because of his ability, rather to understand that it is easier to find a solution if one puts oneself in the other party's position. Mutual friendliness is not required, even less cordiality, rather good faith, civil behaviour and an open mind. He believes that the parties must feel that the mediator is really involved in what he is doing, that he is not performing a role without really caring for the parties, their needs or feelings. This should not be limited to the normal time of the meetings: he nearly always 'phones the parties (usually their attorneys) (a) between meetings, ostensibly to enquire whether homework is being performed, actually to make them feel that he is keen to know that matters are progressing and to help if need be; (b) after a successful conclusion of the mediation, to make sure that the settlement has been performed; (c) after an unsuccessful mediation, to enquire whether the parties are still negotiating, offering to resume mediation if either party would wish to try again (but maybe is loth to take the initiative) and generally to show that he was and is truly concerned with the solution of the dispute. He wants to transmit the feeling that mediation is an attitude of the mind, not a cold professional technique. He is happy when he can - as he usually does - make the attorneys share this attitude. Admittedly this is less easy with the parties, but attorneys can be a real support to the mediator's efforts. The mediator had the feeling, in many occasions, that the attorneys were happy to have somebody who would make their clients understand the reality of their position in a way that was somewhat impossible for them.