WHAT IS MEDIATION?

“MEDIATION” BROADLY REFERS TO ANY INSTANCE IN WHICH A THIRD PARTY HELPS OTHERS REACH AGREEMENT.  THE PROCESS IS PRIVATE AND CONFIDENTIAL. PARTICIPATION IS TYPICALLY VOLUNTARY.

MEDIATION IS A DYNAMIC, STRUCTURED, INTERACTIVE PROCESS WHERE A NEUTRALTHIRD PARTY ASSISTS DISPUTING PARTIES IN RESOLVING CONFLICT THROUGH THE USE OF SPECIALIZED COMMUNICATION AND NEGOTIATION TECHNIQUES.  ALL PARTICIPANTS IN MEDIATION ARE ENCOURAGED TO ACTIVELY PARTICIPATE IN THE PROCESS.  MEDIATION IS A “PARTY-CENTERED” PROCESS IN THAT IT IS FOCUSED PRIMARILY UPON THE NEEDS, RIGHTS, AND INTERESTS OF THE PARTIES.  THE MEDIATOR USES A WIDE VARIETY OF TECHNIQUES TO GUIDE THE PROCESS IN A CONSTRUCTIVE DIRECTION AND TO HELP THE PARTIES FIND THEIR OPTIMAL SOLUTION.  A MEDIATOR IS FACILITATIVE IN THAT S/HE MANAGES THE INTERACTION BETWEEN PARTIES AND FACILITATES OPEN COMMUNICATION.  MEDIATION IS ALSO EVALUATIVE IN THAT THE MEDIATOR ANALYZES ISSUES AND RELEVANT NORMS, WHILE REFRAINING FROM PROVIDING PRESCRIPTION ADVICE TO THE PARTIES.

Retrived from httpt://en.wikipedia.org/wiki/M      March 22, 2017