Mediation is a
conference between two or more disputing parties, moderated by a neutral third
party, and conducted in an attempt to reach a satisfactory resolution for of
all those involved. Moreover, mediation
is a form of moderated negotiation requiring the parties to speak directly
(Pure Form model) or indirectly (Caucus Model) with each other. The setting is controlled and facilitated by
a mediator having no material stake in the outcome. Mediation’s most distinguishing
characteristic is flexibility. Seemingly simple disputes can become acrimonious and
difficult to resolve when parties focus on individual power or rights. Disputing parties are reminded that interests always play a significant role
in dispute resolution and are used to help the parties find common
benefit. Mediation is appropriate when
negotiations deadlock, time pressures occur, or the party initiating mediation
has something to gain by involving a neutral third party. Disputing parties participate in mediation
session voluntarily.
Mediation is one of the following forms of Alternative
Dispute Resolution (ADR).
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ADR TYPES
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DESCRIPTION
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Negotiation
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A method of dispute resolution largely based on power.
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Arbitration and Litigation
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Methods largely based on rights. The advantage of arbitration is that
parties can select the judges and, to some extent, the rules to be used.
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Non-binding Arbitration
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Means of obtaining impartial information regarding a
situation
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Mediation
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Means of determining if the parties’ interests can be
broadened to find true common ground.
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