Mediation
Mediation is an informal method of dispute resolution in which a neutral third party, the mediator, attempts to assist the parties in finding resolution to their problem through the mediation process. Although mediation has no legal standing per se, agreements between the parties can (preferably with assistance from legal counsel) be comitted to writing and signed, thus rendering a legally binding Contract. Mediation differs from most other conflict resolution processes by virtue of its simplicity, and the clarity of its rules.
Generally, the process consists of an introduction by the mediator, the presentation of areas of concern (the issues in dispute) by the complainant, an opportunity for the respondant to reply, and a continuation of alternating responses until either the issue is resolved or the parties are obviously not going to reach agreement. The role of the mediator is to guide the process, insuring that each party has an uninterrupted opportunity to speak and respond, until either resolution or stalemate.
Mediation has been used extensively in a variety of organizations including businesses, schools and non-profit organizations. The process works best when the parties are both seeking resolution to their conflict (or potential conflict) and have no hidden agenda. Mediation has been utilized by some court jurisdictions to decrease caseload, particularly in the area of family law.
Mediation has sometimes been utilized to good effect when coupled with arbitration in a process called, appropriately enough, "mediation/arbitration." In this process, if the parties are unable to reach resolution through mediation, the mediator becomes an arbitrator, shifts the mediation process into an arbitral one, seeks any additional evidence needed (particularly witnesses, if any, since witnesses would not normally be called in a mediation), and renders an arbitral decision.
Differences between Mediation in the United States and Mediation in other countries.
In some countries the mediator provides a personal warranty in favour of one or all the parties; he is usually held responsible of the correct information of the parties about the effective aspects of the discussed matter, in order to allow them a wise evaluation of principal and minor risks and advantages, consequences and effects of respective choices. This requires that the Mediator have considerable competence in the specific fields of business, a competence that often causes the Mediator to be called for professional appraisals or evaluations for other purposes too. Basically the Mediator has to develop a deep competence in general and particular legals aspects, in economical aspects and in any eventual accessory aspects (i.e. taxes) that might concern the discussed matter.
The Mediator may also have the accessory duty of preparing a draft of the acts or contracts that will formally render the sense and the details of the achieved agreements, or even the final contract/act, and celebrate the signature. He also responds of the authenticity of the signatures, the titles and the values that are exchanged.
See also Conciliation, Negotiation, Dispute resolution, Life Coaching.