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Lawyers are mediating disputes and providing legal advice.

A Broker’s Role

Job 9:33 – Nor is there any mediator between us, who may lay his hand on us both.

Job 9:33

A broker is a mediator

A broker is a mediator between the buyer and the seller in any deal. He is a helpful go-between between all of the parties. Many times, neither the buyer nor the seller has a complete picture of the trade. I personally work with many sellers that don’t even have email addresses, skype, WhatsApp phone service, and the like. The broker must be the ultimate negotiator! He/she has to be smart, trustworthy, and calm, merciful, compassionate, a problem solver, a person that is able to read between the lines, read people well, and thinks outside of the box. He/she must be a well-rounded skilled professional in many different areas including; communication skills, computer skills, and people skills. He must be likable, honest, and shrewd and portray a huge sense of confidence between all parties. 

In my experience, a seasoned, knowledgeable, and well-rounded broker plays an invaluable role in the deal process. If there is going to be a successful outcome he/she will play a vital role. In short, he/she is the conduit, a mediator, whom as Job says, “may lay his hand on us both.” This literally means that he/she is a bridge between parties to help represent each of their best interests.

The mediator is not a judge and does not render a decision or impose a solution on any party. Rather, the mediator helps those involved in the dispute talk to each other, thereby allowing them to resolve the dispute themselves. The medi- ator manages the mediation session and remains impartial.

The buyer wants to be sure there is real product i.e. Proof of Product (POP) and the seller want to be sure that he will be paid for the goods, Proof of Funds (POF). Many sellers and buyers alike don’t really have a firm grip on banking instruments which dramatically reduces the chances for success.

Role of a Mediator

The mediator assists and guides the parties toward their own resolution. The mediator does not decide the outcome, but helps the parties understand and focus on the important issues needed to reach a resolution. … To maintain the confidentiality of a mediation; and.

The mediator assists and guides the parties toward their own resolution. The mediator does not decide the outcome, but helps the parties understand and focus on the important issues needed to reach a resolution.

FINRA mediators are skilled at sifting through the facts, emotions and individual interests of the parties involved to determine what the issues are and what a fair outcome could be for the parties.

The mediator’s securities expertise helps the mediator clarify the issues and assess the strengths and weaknesses of each party’s case. The mediator also offers creative approaches and innovative solutions, while maintaining an unbiased perspective.

A mediator’s duties are:

  • To conduct a mediation in a fair and unbiased manner;
  • To decline or withdraw from a mediation if the mediator cannot remain impartial;
  • To avoid a conflict of interest or an appearance of a conflict of interest during and after a mediation;
  • To make reasonable inquires to determine any potential conflicts;
  • To maintain the confidentiality of a mediation; and
  • To conduct the mediation in accordance with FINRA procedures, the Code of Mediation Procedure and the provisions of the Standards of Conduct for Mediators.

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