Mediation can be termed as a procedure in which the parties discuss their disputes with the assistance of a trained impartial third person(s) who assists them in reaching a settlement. This is achieved either through an informal meeting among the parties or a scheduled settlement forum. The dispute may either be pending in a court or potentially about to be launched in court. Most cases are suitable for mediation, for an example, disputes in commercial transactions, construction disputes, compensation disputes, divorce, domestic relations, employment or any other matters which do not involve complex procedural or evidentiary issues. Attendance at the mediation meeting is voluntary by the parties, except where governed by statute or contract clause.
The mediator is a person with patience, persistence and common sense. She/he has an arsenal of negotiation techniques, human dynamics skills and powers of effective listening, articulation and restatement. The mediator merely facilitates with no power to render a resolution to the conflict. The parties will fashion the solution as the mediator moves through the process.
Ordinarily the mediator is an attorney but cannot give legal advice while in the role of a mediator. However, the mediator's subject area expertise may be beneficial to the parties in wording and framing the mediated agreement or in circumstances where the parties are open to neutral case evaluation. People in disputes who consider mediation as a way to resolve their conflicts often want to know what the process can do for them. Although no dispute resolution procedure can guarantee specific outcomes, the following are some common benefits of mediation:
- Mediation is a voluntary process
No one is coerced into using this alternative dispute procedure. If the parties do not reach an agreement in mediation, other dispute resolution mechanisms remain available to the parties, including resorting to going to court.
- Confidentiality
Mediation provides for a safe environment for the participants to explore options and can modify their positions without fear of losing face in front of friends and the whole world. In mediation, parties come together in a private and neutral location with an impartial third-party to talk about their conflict and negotiate a resolution to it that addresses the needs and interests of both parties. Whatever is discussed during the session is treated as confidential and will not be disclosed to anyone unless it is expressly requested and agreed by both parties or ethically violates the pre-set parameters of confidentiality.
- Reduced cost
Traditional litigation is very expensive and the total cost is highly unpredictable. Litigation clients run the risk of having to pay the other side’s attorney fees. Mediation is far less expensive because you spend your time actively working on resolving your case rather than filing motions, etc. Mediation costs are fairly predictable because you are present for most (if not all) of the time the mediator spends on your case.
- Fast and convenient
Mediation can be scheduled and held in a matter of days, not weeks or months. This can be critical to intervening in the escalation of conflict and prevent unnecessary delays in finding mutually agreeable resolutions.
- Mediation is procedural assistance of a neutral third party
The role of the mediator is specifically to help the parties find their own satisfactory, workable solutions by being an effective facilitator and providing structure, focus, and assistance with communication. The role of the mediator is to provide unbiased, impartial assistance from the position of someone with no other involvement or investment in the outcome of the dispute.
- Mediation has a high rate of compliance
Parties who have reached their own “tailored” agreement are generally more likely to follow through and abide and comply with its terms than those whose agreement has been imposed by a court, for an example. Parties that negotiate their own settlements have more control over the outcome of their dispute and gains and losses are more predictable when they maintain the decision-making power than when decisions about the outcome of disputes are turned over to outside third parties. Mediation involves mutually satisfactory agreements in which all parties have at least some of their interests met to the degree that they are willing to support the overall agreement.
- Mediation helps preserve ongoing relationships
Mediation agreements, which result in negotiated solutions that address each of the parties’ needs are much better able to preserve present and future working relationships than win/lose procedures. If a future working relationship is important, a negotiated settlement may be the best resolution possible whereby all-gain solutions are created. Mediation is often a helpful healing process and encourages direct communication between parties. The mutual resolution will also help give the parties a place to start for future interactions.
Works Cited
Allison, J. R. (1990). Five Ways to Keep Disputes Out of Court.
Staff, P. (2020, April 2). How to choose the Best Dispute Resolution Process.
University, K. S. (n.d.). Human Capital Services. What are the Advantages of Mediation.
Wrtiters, F. A. (2016, May 24). What is meditation and how does it work?
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