Mediation is an interactive process that is structured to help two opposing parties resolve conflict. The use of negotiation and communication techniques play critical roles in achieving success at the end of the process. The process demands that all parties participate since they have agreed to participate.
The process pays attention to all the involved parties’ needs, interests, and rights. The mediator constructively controls the process and helps to arrive at the perfect solution. The mediator ensures there is open communication between the parties.
There is evaluation in that issues are analyzed to provide advice to the people involved. The approach to suggesting is in the tone, “you should do this.”
In law, the process is referred to as alternative dispute resolution. It helps to settle disputes between the people with substantial effects. The third-party help in the negotiation to arrive at a settlement.
Disputants can try to mediate issues in different domains such as legal, commercial, workplace, diplomatic, and even family issues. Mediators can use various techniques to improve, open empathy and dialogue between the disputants.
Mediation is generally known as reaching an agreement instead of a dispute. However, participation is dependent on people (disputants). They can voluntarily choose to be a part of the process.
The advantages of mediation
The benefits of mediation include;
The fee of a mediator may be comparable with that of an attorney. However, the process does not take as much time as going through standard legal means. Legal channels could take more time and extend into months or even years. Within hours, the mediation process could be completed. Hence, you are paying less for the hourly cost.
The parties involved are ready to move towards a resolution. If there is no consensus between both parties, there will be no moving forward. However, both parties can be in control of the mediation process by suggesting what they want to be done. Also, they can outline amendable sections for possible issues that may arise.
One would enjoy the support of a mediator during and after the process. Of course, a mediator is a neutral person, but he or she will guide the parties involved through the process. He or she provides the disputants with solutions that they may never have considered and suggest the best solutions for them.
There will be compliance because both parties must agree to the resolution. As a result, there is a reduction in cost because no one needs an attorney at this stage to force compliance. Nevertheless, it is always advisable that the agreement be enforced in a court of law since it was mutually agreed upon.
The level of confidentiality is high in mediation. There is no public hearing, and you can leave issues to just three parties – the mediator and the two disputants. Even mediators destroy their notes after the process to maintain a high level of confidentiality.
Mediation is only worth it when there is mutual agreement. With the help of a good mediator, achieving a resolution is almost certain.