What is Mediation?
Mediation is a consensual process of alternate dispute resolution in which
a neutral third party (the mediator) assists two or more parties to negotiate an
agreement with concrete effects on a matter of common interest. More simply put,
it is the management of other people’s negotiations.
How is this achieved?
A mediator creates a space in which two or more disputing parties are able to listen
to each other in a new way and jointly arrive at their own solution. The role of
the mediator is therefore to be a facilitator of communication. The mediator's task
is to enable the parties to listen to each other on a deeper level than their previous
hostile attitudes allowed. A mediator must ensure that the parties have heard each
other adequately, and that each has developed sufficient understanding of the other's
perceptions, motivations and interests. Improved listening then leads to better
mutual understanding, which strengthens the imperative to reach an inclusive solution,
as far as possible taking the interests of all parties into consideration. In order
to achieve these objectives, the mediation process is served by a basic procedural
structure. This includes the establishment of process ground rules by the parties
themselves, ample time for storytelling, uninterrupted time for each side to state
their perceptions and feelings, and joint problem solving. In this way, mediation
enables parties to retain their self respect and the outcome is generally more sustainable.
When to use mediation?
Mediation is an extremely useful tool in situations where parties need to cooperate
in future because the level of interdependence is high. It is also highly appropriate
in conflicts fueled by basic differences in values or world views. Under such conditions
the emphasis of mediation on promoting mutual understanding and on improving relationships
is to be preferred over approaches that rely on other dispute resolution mechanisms.
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