Mediator

Workplace Circumstances

• Environment: Office
• Languages: English, Khmer
• Location: Phnom Penh

Position Summary

Reporting To: Head of Dispute Resolution Department or Executive Director

Department: Dispute Resolution Department:

Duty Station: FCPC Office

The purposes of this role include:

The Mediator is responsible for facilitating the resolution of eligible financial consumer complaints through Facilitative Mediation, by helping consumers and Banking and Financial Institutions (BFIs) communicate effectively, understand each other’s perspectives and interests, and explore fair, practical, and mutually acceptable solutions. The Mediator is responsible for conducting an impartial, confidential, and professional mediation process and supporting the parties to reach a voluntary settlement, in accordance with the FCPC Management Framework, Standard Operating Procedures, Code of Conduct, and applicable requirements. The ideal candidate will possess strong mediation, negotiation, communication, and active-listening skills, a sound understanding of banking and financial services and consumer protection, and the ability to manage sensitive and complex complaints with neutrality, professionalism, empathy, and respect for all parties.

Duties & Responsibilities

• Case Review and Mediation Planning
• Review the case file, complaint information, relevant documents, and supporting evidence provided by the Complaints Officer before commencing Facilitative Mediation.
• Meet or consult with the Complaints Officer to clarify the facts, the perspectives of the parties, key issues, and relevant background.
• Develop a case-specific mediation plan, including the objectives of the mediation, key questions, information gaps, participants or representatives, and the proposed process.
• Consider whether joint meetings, separate meetings, or shuttle mediation would be appropriate, taking into account the circumstances of the case, power imbalances, and the parties’ comfort with direct discussion.
• Avoid making premature assumptions about the appropriate solution or mediation approach and use the mediation plan as a starting point for discussion and testing with the parties.
• Facilitating Communication and Participation
• Establish an appropriate and respectful environment for mediation meetings and discussions, including appropriate ground rules and respect for confidentiality.
• Contact the consumer and BFI separately at the beginning of the mediation process to introduce the Mediator’s role, explain the mediation process, and answer questions.
• Listen carefully to each party’s perspective, concerns, and interests and clarify information where necessary.
• Promote active listening and constructive communication between the parties.
• Reframe or clarify statements, where appropriate, to reduce misunderstandings and support productive dialogue.
• Demonstrate empathy and respect for each party’s perspective without expressing agreement or disagreement with either party.
• Help consumers articulate their concerns and help BFIs explain relevant processes, concerns, and business or recovery considerations without taking sides.
• Identify and respond appropriately to accessibility, communication, support, or power-imbalance issues that may affect a consumer’s effective participation.
• Facilitative Mediation and Dispute Resolution
• Facilitate constructive dialogue between consumers and BFIs in accordance with the FCPC Facilitative Mediation process.
• Use interest-based and mutual-gain approaches to help parties identify underlying interests, concerns, options, and practical solutions.
• Facilitate joint or separate/shuttle mediation sessions where appropriate.
• Encourage the parties to explore and generate creative options that may address their underlying interests and concerns.
• Help the parties consider the practical consequences, implementation requirements and alternatives to settlement, without pressuring either party to agree.
• Manage the mediation agenda, process and time effectively while allowing the parties to make their own decisions.
• Use relevant financial consumer protection laws, regulations and principles of fairness to help parties assess whether proposed options are reasonable and workable, without providing legal advice or determining the merits of the dispute.
• Maintain neutrality, impartiality and independence throughout the Facilitative Mediation process.
• Do not impose a resolution, advocate for either party, or determine which party is right or wrong.
• Settlement Agreement and Case Closure
• Where the parties reach agreement, prepare or facilitate the preparation of a clear Settlement Agreement accurately reflecting the terms agreed by the parties.
• Use clear and simple language and ensure that both parties understand the meaning and implications of the agreed terms.
• Confirm that the agreement is voluntary and that both parties understand and agree to the terms before signing.
• Clarify agreed implementation actions, responsibilities and timeframes.
• Arrange for the parties to sign the Settlement Agreement in accordance with the FCPC SOP.
• Provide each party with a copy of the signed Settlement Agreement and ensure that the agreement is properly recorded in the case file and Case Management System (CMS).
• Follow up on agreed implementation actions in accordance with applicable FCPC procedures and update the case record.
• Where no settlement is reached, document the outcome and explain neutrally to the consumer the option of proceeding to Evaluative Mediation (Step 4).
• Do not advocate for or against the consumer's decision to proceed to Evaluative Mediation.
• Where the consumer does not proceed to Evaluative Mediation, complete the applicable case closure procedures and provide information on available alternative avenues where appropriate.
• Case Documentation, Data and Information Management
• Maintain complete, accurate, and timely records of mediation activities, communications, meetings, agreements, and case outcomes in the CMS.
• Review and analyze relevant financial information, transaction records, agreements, and supporting documents as necessary to understand and facilitate the mediation process.
• Identify and clarify key factual or information gaps relevant to the mediation.
• Handle consumer, financial and case information confidentially and only for authorized FCPC purposes.
• Prepare mediation notes, case updates, settlement documentation and post-mediation records required under FCPC procedures.
• Maintain accurate documentation of the parties’ perspectives, issues discussed, options explored, agreements reached, and follow-up actions.
• Monitor assigned cases against applicable FCPC service timelines and promptly raise delays or unresolved procedural issues with the Head of Complaint Resolution Department.
• Ethical Duties and Professional Conduct
• Maintain neutrality, impartiality, independence, confidentiality and integrity throughout the mediation process.
• Protect all personal, financial and case information in accordance with FCPC requirements.
• Do not disclose confidential information except as permitted by applicable FCPC procedures, law or the informed consent of the relevant party.
• Declare any actual, potential or perceived conflict of interest immediately and recuse from the case where required.
• Treat consumers and BFI representatives with dignity, respect, empathy and professionalism.
• Use clear and accessible language and provide reasonable assistance to help consumers understand the mediation process.
• Avoid coercion, undue influence or pressure on either party to participate or agree to a particular outcome.
• Do not promise a particular outcome or advocate for either party.
• Do not provide legal advice or act as legal counsel for either party.
• Coordination and Stakeholder Engagement
• Work closely with Complaints Officers and Senior Mediators in the Complaint Resolution Department on case-related matters within the respective roles and responsibilities.
• Communicate and coordinate with consumers, their authorized representatives or advisers, BFIs and their authorized representatives as necessary for the effective conduct of Facilitative Mediation.
• Participate in internal case reviews, BFI engagement, and other complaint-resolution activities as assigned.
• Provide relevant case information, lessons learned, and observations to the Head of Complaint Resolution Department to support quality improvement and identification of systemic complaint trends.
• Contribute to the Department’s monitoring of complaint trends and systemic issues through accurate case documentation and CMS records.
• Participate, as assigned, in discussions with BFIs concerning complaint-resolution processes, case progress, or emerging issues, while maintaining confidentiality and the Mediator’s neutrality.

Languages

• Khmer - Good
• English - Good

Qualifications

• Bachelor's Degree in Law, Finance, Business Administration, Economics, or a related field.
• Master's Degree in a relevant field is an advantage.

Work History

• Relevant professional experience for 3 years as a minimum
• In mediation, dispute resolution, complaint handling, banking and financial services, consumer protection, law, compliance, or a related field for 3 to 5 years is preferred

General & Technical Skills

• Professional training or certification in Mediation, Alternative Dispute Resolution (ADR), or a related field is highly desirable.
• Relevant experience in facilitating discussions, managing complaints or disputes, and working with consumers and/or financial institutions is an advantage.
• Experience handling sensitive, complex, or potentially contentious matters in a professional environment is desirable.
• Good understanding of banking and financial products and services, financial consumer protection, relevant regulatory requirements, and complaint-resolution processes.
• Strong writing and documentation skills, including the ability to prepare clear case notes, mediation records and Settlement Agreements.
• Ability to use CMS and standard computer/office applications effectively.
• Good command of Khmer and English; additional relevant languages are an advantage.

Soft Skills

• Strong mediation, facilitation, negotiation, communication, and active-listening skills.
• Strong ability to remain neutral, impartial, independent, and professional when dealing with sensitive or contentious complaints.
• Strong analytical, problem-solving and professional judgment skills, including the ability to review financial information and supporting documents relevant to a complaint.
• Strong interpersonal skills, with the ability to build trust, demonstrate empathy and facilitate constructive dialogue between parties.
• High level of integrity, confidentiality and ethical conduct, with a commitment to fairness and respectful treatment of consumers and BFIs.