
What mediation is
Mediation is usually a voluntary process where there is an intervention of a mutually agreed upon mediator, who through a structured mediated negotiation, attempts to bridge the differences and search for a mutually accepted solution.
This means that the persons involved want to avoid litigation procedures; It is useful especially where other attempts for conciliation failed.
It may be successful even after only one meeting, but usually it requires more than one. In any case is speedier compared to litigation. It is also considerably cheaper and effective.
Mediation is useful...
- when feelings are intense with average degree of hostility between the parties. An attempt to motivate them may be necessary.
- when the parties know each other and is imperative a solution to be found.
- when one of the parties cannot face the other on equal footing. If that person doesn't have negotiating skills he may employ a representative.
- when in an organization or a working place there is pressure for compromise.
- when there is a fixed date for compromise. Mediation then is the quickest way to achieve it.
- when other methods have failed.
- when there is relative balance of power between the parties. If not a balance must be pursued first.
- when many people are affected by the dispute. A compromised solution achieved via mediation has more possibilities to be implemented.
- when the type of the difference is not legally clear or when there aren't any clear-cut rules of behavior ex.
- when absolute confidentiality is necessary something that cannot be guaranteed in litigation procedures.
Mediation applications and approaches...
The benefits of mediation...
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