Mediation
A form of assisted
PEACEMAKING
ation
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Mediation is a form of ADR where a third party, the mediator, assists the parties to resolve their own dispute and negotiate their own settlement. In some cases mediators may express a view on what might be a fair or reasonable settlement. Generally this would only occur where all the parties agree that the mediator may do so.The Mediator thereby effectively renders a non-binding arbitration award.

Mediation has a structure, timetable and dynamics that routine negotiation lacks. The mediation process is private and confidential. The presence of the mediator, or "neutral," distinguishes mediation from other forms of ADR. There is usually no obligation to go to mediation, but in most cases any settlement agreement signed by the parties to a dispute will be binding on them. It will or can be enforced as a judgment of a court. Many, if not most members of the judiciary (judges) favor the use of mediation and/or arbitration in disputes. These forms of ADR are generally viewed as positive, less expensive and less time consuming alternatives to litigation. At the very least it reduces the overburdening of the courts.

Mediators use various techniques to improve dialogue between the parties in dispute. The goal is to help the parties reach an enforceable agreement on the matter in dispute. Much depends on the mediator's skill and training. The mediator must be an unbiased neutral party. It is possible however that a party may serve as a neutral Mediator, despite some familiarity with one of the parties, if the other party is properly informed and is confident in the reputation and integrity of the Mediator.

Disputants may use mediation in a variety of disputes, such as commercial, legal, diplomatic, workplace, community, church and family matters. A third-party representative may contract and mediate between any disputing parties. For example; when a workers’ union goes on strike and a dispute occurs, the parties may agree to a third party to settle a contract or agreement between the worker(s) and the company.\

Disputants generally have the ability to select their mediator. Anyone can act as a mediator, with no licensing required. Some mediator organizations require mediators to qualify. Mediators listed in court-connected rosters may have to meet certain experiential and training requirements. Many mediators have a wide range of skills. Matching the mediator with the dispute and the needs of the disputant comprises a pre-mediation task. For example, the mediator will need to have skill in managing the many parties involved in a land-use dispute. Expertise in family law may prove important in divorce mediation, while knowledge of construction matters will add value in construction dis

Mediation involves communication and commitment to settle. Disputants can hone their communication-skills prior to mediation so that they express what they want more clearly and so that they hear what the other disputants say about what a settlement needs to include. Sometimes the dispute isn't about money. Rather, a sincere apology will resolve matters. When disputants communicate respectfully, they generate more opportunities for lasting settlements.