Mediation is a planned interactive process that sets up a third party (who is impartial) to resolve disagreements by using specialized negotiation and communication skills. All the parties involved in the process are advised to participate and actively do. The approach focuses on the rights, interests, and needs of the people involved.
The role of a mediator
The mediator employs an array of techniques to have a constructive direction and get an optimal solution. The mediator creates the structure of open communication where he or she manages the way and approaches the parties involved to communicate. There is reality-testing, where the mediator analyzes relevant norms and issues without providing a piece of advice on what each party should do.
Mediation and Law
In law, the process of mediation is also called alternative dispute resolution. It helps resolve issues between two or more people with concrete solutions and effects. There is a mediator that helps to negotiate settlements. There are different domains people mediate issues: legal, commercial, workplace, diplomatic, family, or community matters.
Broadly, the process creates platform, structure, and dynamics that you will not find with essential negotiation. In addition to the fact that it is a confidential and private process, it is also enforced by the law. It is voluntary to participate in it.
All over the world, mediation is becoming generally accepted to resolve issues, no matter their magnitude. The process has not fully developed in some countries of the world due to the language barrier. However, the process employs several techniques to improve or open dialogue and empathy between people aiming to reach a consensus on issues.
The process offers many advantages. Let us examine these benefits.
You do not have to spend much on mediation as a conflict resolving process. The money is relatively lesser compared to using an attorney. The reason is that it does not consume much time like standard legal cases. Unlike cases that take months, you only need hours to resolve all disputes.
Court hearings are public, and many people can visit the court of law to know the endpoint of the dispute. This can bring a lot of unnecessary attention to the parties involved. Alternative dispute resolution is different as you can maintain a high level of discretion.
As a matter of fact, mediators often destroy their notes after completing the entire process. The only bend to this rule is if it involves actual criminal acts, child abuse, or domestic violence.
As a participant, you can exercise control in the mediation process. Control in the court case lies with the jury or judge; he or she gives the final verdict. Things are different here as the judge does not legally provide solutions. The final resolution is often from the mutual agreement between the parties involved.
Other benefits are;
The world is coming to opt for this new peaceful approach. Mediation is the new effective way to resolve issues. And we hope to have done a great job introducing you to this approach to conflict resolution.