Mediation is a flexible dispute resolution process, using a neutral intermediary, the mediator, helps the parties to reach a mutually satisfactory settlement of their dispute. Mediation is a method of alternative dispute resolution (ADR), which can be used as a legal method, by a professional mediator, as a useful social skills, by any of us, to help people around us (at job, in the family or in the neighbourhood) to find amicable solutions to disputes.
Stages of Mediation
Mediation is a multi-stage process that account for the system's high rate of success. Most mediations proceed as follows:
Stage 1: Mediator's opening statement. the mediator introduces everyone, explains the goals and rules of the mediation, and encourages each side to work cooperatively toward a settlement.
Stage 2: Disputants' opening statements. Each party is invited to describe the dispute and its consequences from his/her point of view. While one person is speaking, the other is not allowed to interrupt.
Stage 3: Joint discussion. The mediator might encourage the parties to respond directly to the opening statements, depending on the participants' receptivity, in an attempt to further define the issues.
Stage 4: Private caucuses. Each side will be placed in a separate room. The mediator will go between the two rooms to discuss the strengths and weaknesses of each position and to exchange offers. The mediator continues the exchange as needed. These private meetings comprise the guts of mediation.
Stage 5: Joint negotiation. After caucuses, the mediator might bring the parties back together to negotiate directly, but this is unusual. The mediator usually doesn't bring the parties back together until a settlement is reached or the time allotted for the mediation ends.
Stage 6: Closure. If the parties reach an agreement, the mediator will conclude the mediation and its results.
If the parties didn't reach an agreement, the mediator will help the parties determine whether it would be fruitful to meet again later or how to continue the dispute resolution.
Mediation is a multi-stage process that account for the system's high rate of success. Most mediations proceed as follows:
Stage 1: Mediator's opening statement. the mediator introduces everyone, explains the goals and rules of the mediation, and encourages each side to work cooperatively toward a settlement.
Stage 2: Disputants' opening statements. Each party is invited to describe the dispute and its consequences from his/her point of view. While one person is speaking, the other is not allowed to interrupt.
Stage 3: Joint discussion. The mediator might encourage the parties to respond directly to the opening statements, depending on the participants' receptivity, in an attempt to further define the issues.
Stage 4: Private caucuses. Each side will be placed in a separate room. The mediator will go between the two rooms to discuss the strengths and weaknesses of each position and to exchange offers. The mediator continues the exchange as needed. These private meetings comprise the guts of mediation.
Stage 5: Joint negotiation. After caucuses, the mediator might bring the parties back together to negotiate directly, but this is unusual. The mediator usually doesn't bring the parties back together until a settlement is reached or the time allotted for the mediation ends.
Stage 6: Closure. If the parties reach an agreement, the mediator will conclude the mediation and its results.
If the parties didn't reach an agreement, the mediator will help the parties determine whether it would be fruitful to meet again later or how to continue the dispute resolution.
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