The Concept of Mediation
- Author Francis Portisford
- Published January 8, 2012
- Word count 453
If you think you know nothing about mediation, be prepared to think again. Mediation is a concept so old that its origins are impossible to determine with authority. It is something we all encounter on a regular basis and in many different forms, which brings us to the all-important question: what is it?
Mediation is the concept of assisted negotiation. In other words, negotiations between two parties in which a third party is involved to help facilitate the satisfactory resolution of a dispute. For example, during a divorce settlement the two parties concerned may reach an agreement without involving a third party or they may choose to hire opposing legal representatives. As another alternative, they may choose to involve a single independent mediator.
There are several key qualities that are common to all mediation processes, and these help to differentiate mediation from adversarial processes such as those overseen by the courts. First and foremost, mediation processes are voluntary. The two parties to the dispute are able to withdraw from negotiations at any time and for any reason. This is crucial to the spirit and climate of effective mediation, which aims to find a solution which is agreeable to both parties. An independent mediator does not have the authority to impose conditions on either party - any measures taken are contingent on the explicit agreement of both parties.
Mediation processes are generally confidential, although this is not without the occasional exception. This means that both parties are usually free to voice personal concerns within the mediation forum without fear of repercussion, making it a particularly attractive option when sensitive disputes arise in the workplace. As a general rule, the materials and records produced during a mediation process are not admissible as evidence in court. An independent mediator is always obliged to disclose the nature and level of confidentiality guaranteed to mediation participants.
Impartiality is another central feature of mediation. Whilst the legal representatives involved in a court case are required to act in the best interest of their respective clients, by contrast an independent mediator is required to be without bias towards either party. This helps to ensure the collaborative nature of the negotiation process.
If the parties involved in a mediation process wish to obtain legal or expert consultation or advice, this is allowed - although expert advice is never determinative in mediation processes. In other words, a mediation process can be as informed as its participants want it to be.
Perhaps the greatest advantage of mediation over other forms of dispute resolution is that it encourages positive negotiations. Rather than attributing blame, as adversarial legal proceedings do, mediation processes empower their participants to make concessions and compromises that cater to both parties.
Mediation at Work is a leading provider of workplace mediation training and services. If you are looking for independent mediators to help resolve disputes in your working environment, Mediation at Work has the expertise you need.
Article source: https://articlebiz.comRate article
Article comments
There are no posted comments.
Related articles
- Are You Unknowingly Signing Away Your Mechanic Lien Rights?
- The Role of Diplomacy in Unrecognized States: A Case Study of Somaliland
- Ontario’s New Homeowner Protection Act
- Why Nanda & Associates Lawyers Are the Top Choice in Brampton
- Essential Contracts Every Freelancer Should Have
- What to Do When Your Ex Violates a Custody Agreement
- How Houston Personal Injury Lawyers Handle Insurance Companies
- How to Prepare for Your First Meeting with a Personal Injury Lawyer in Orlando
- Best Books for Defense lawyer for Felony Robbery
- Establishing a Company in Serbia: A Guide to Business Ownership Types
- How To Get Compensation for a Work Injury
- Navigating Compliance for Personal and Professional Contributions
- Unraveling the Mysteries of Intellectual Property Law: A Comprehensive Guide
- Boston Car Accident Attorneys and Insurance Companies: A Complex Relationship
- How a Los Angeles Car Accident Attorney Can Help You
- Slip and Fall in Chula Vista: Who is Accountable?
- Can I Get Compensated After a Truck Accident in Los Angeles
- Local Tax Attorney vs Competitors: A Comparative Analysis of Legal Services in Orlando
- J. David Tax Law: Your Top Tax Levy Lawyer in North Carolina
- Who Can Garnish Tax Refunds: Your Questions Answered
- Unlock the Secrets to Handling a North Carolina Notice of Deficiency
- The Importance of Financial Services: Enabling Debt Management and Legal Debt Settlement
- Justin C Freeman
- What are the Eligibility Criteria for a Spouse Visa? How to find right Spouse Visa Attorney in Houston?
- Importance, Benefits, and Tips for Hiring a Houston Immigration Attorney
- Importance and Tips of Hiring a Houston Immigration Attorney
- The Importance of Protecting Whistleblowers
- WHY CLASS ACTIONS ARE SO IMPORTANT TO SOCIETY
- THE CONSTRUCTION INDUSTRY AND ALTERNATIVE DISPUTE RESOLUTION (ADR) MECHANISMS
- Lawyer Connections - Finding a Criminal Defense Lawyer