What is Mediation?
By ZARAH WALPOLE
In the last year, my column has focused on
tips for improving communication skills, in the hopes of
making your negotiations more successful and reducing conflict.
But sometimes, negotiations fail and you cannot resolve
a conflict on your own. What do you do then? Before assuming
your only options are to give up or go to court, consider
alternative dispute resolution. This article will discuss
a form of dispute resolution that is increasing in popularity
- mediation.
Mediation is an effective way for people to settle disputes
without court involvement. Mediation is facilitated negotiation.
A neutral third party - the mediator - helps the disputing
parties look for a mutually agreeable solution to their
problem or conflict.
The mediator's role is to help the people involved settle
a dispute by:
- communicating and negotiating with each other in a constructive
manner.
- gaining a better understanding of their own interests
and the interests of the other party.
- finding a resolution based on common understanding and
mutual agreement.
There are some really great benefits to mediation. Mediation
does not determine who wins and who loses, but develops
creative solutions to disputes in ways not possible at a
trial. A mediator, unlike a judge, will not decide the case
or impose a settlement. It is also efficient. It is designed
to allow people to settle their disputes quickly and cost
effectively. Best of all, mediation allows for creative,
win / win solutions.
The disputants control the process of the mediation and
any resolutions that are reached. As a result:
- the parties determine the standards of fairness, not
a judge.
- the solution is mutually agreed to by the parties.
- all resolutions are tailored to the needs of all the
parties.
- having agreed to the resolution the parties are more
likely to comply with it.
Many people find mediation more satisfying than a trial
because they play an active role in resolving their dispute,
rather than having a solution determined by a judge. It
can also be a more comfortable and constructive process
than a trial. The mediation process is informal and completely
confidential. Parties in mediation are encouraged to speak
more openly than in court.
Mediation preserves and, sometimes, enhances relationships.
In situations where the parties have an ongoing relationship,
mediation is particularly helpful because it promotes cooperative
problem-solving and improved communications. It provides
people with an opportunity to express views and emotion,
can reduce the stress involved in resolving conflict and
teaches a process the helps people resolve future disputes.
Those are the pluses. I'm sure you are wondering about
the downside to mediation. Because mediation is a voluntary
process, you cannot force the other side to agree to mediation,
even if you think it will resolve your dispute. And of course,
once you are involved in a mediation there is no guarantee
that you will reach a resolution. Mediation is not a good
route to go if there is an extreme power imbalance between
the parties or if one side is violent, abusive or able to
intimidate the other person.
Mediation is not the be all and end all for resolving disputes,
but it is certainly a powerful tool to consider when negotiations
fail or a conflict escalates out of your ability to deal
with it on your own.
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The above is not intended to constitute
legal advice. Please contact a lawyer to clarify your
legal rights.
