mediationADR.net: What is Mediation?

Mediation is a process of communication in which persons with a dispute, assisted by a mediator, try to reach an agreement, understanding, or reconciliation.

Mediation Is
A confidential, cooperative, problem-solving, decision-making process involving contending parties and a neutral, impartial third party who serves as the mediator. Its goals include isolating disputed issues, developing options, considering alternatives, and reaching a settlement. The mediator guides the process by listening, facilitating communication, exploring options, and promoting reconciliation and understanding so the parties can make practical, informed decisions to resolve the issues before them. A neutral third party serves as advocate and guardian of the process of mediation, not as an advocate for any party.

Mediation is an informal process that succeeds when disputing persons participate fully and create and consent to any agreement. It is an alternative to litigation and violence and other harmful responses to conflict. As a process, it is structured, but it is non-binding without the consent of the disputants and/or a court of law.

Most mediations are task-oriented, looking at how to resolve disputes rather than at causes of conflict. It is concerned with the present and with future results, rather than with the past. It is a finite and short-term, however disputing parties may decide to revisit the process from time-to-time.

Stages of a Mediation
There are different styles of mediation. The typical stages of a problem-solving style of mediation are: 1) the opening stage in which the mediator describes the meaning of mediation, the mediator's role (impartiality, confidentiality, etc.) and a bit about what to expect from the process. 2) Next, each client has a few minutes of uninterrupted time to share their views about the dispute. 3) Then is the exchange phase in which both parties freely converse (often with high emotion and loud words) with each other to further identify issues, interests, and needs. When appropriate, the mediator intervenes with questions, restatements, etc. 4) The next stage is option generating and negotiation. 5) Finally the parties formulate their agreements and write them down. Preferably the mediator is mostly an active listener, but their are different styles of mediation. The whole idea is to empower people to CREATE their own solutions rather than to have them imposed by a judge or lawyers.

When Mediation Can Be Used
Business: Such as real estate, the construction industry, partnership dissolution, ombudsperson, human resources, and sexual harassment. Conflicts can be resolved in a private setting with decision-making power retained by the disputants
Family: Maintaining and enriching family relationships; helping separating, divorcing or divorced couples or with other family disputes – custom-made agreements involving personal, financial, custody, support, property, and/or debt division issues – when children are involved, to help the parties leave the marriage while communicating at some level
Schools: Conflict resolution – including peer mediation training – promotes individual and behavioral change for safe and fruitful learning and teaching environment

Factors Favoring and Opposing Mediation
According to Peter Lovenheim, in his book: How to Mediate Your Dispute, Nolo Press, Berkley, 1996, there are several factors that apply to many kinds of disputes and may help you decide whether mediation is appropriate for your dispute.