Mediation is a method by which the conflict between two parties is resolved without any legal involvement
. The person who mediates the entire conflict resolving process is called the mediator. The mediator is usually a person who is known to both the parties or can be hired if he is very knowledgeable in the subject of the conflict. The role of the mediator is purely facilitative and does not give any advice. The mediator also does not take sides but remains neutral throughout the mediation process. The mediator would want both the parties to reach a clear agreement and also acknowledges the feelings of the people involved in the conflict. The entire process is controlled by the mediator but in no way does he influence or forces his opinion on the people.
As in anything there are also some myths regarding the mediators and mediation. The common myths are:
The mediators say whose case is the strongest. The mediators are neutral people and do not take sides at all. They job is to only facilitate a negotiation between the conflicting parties but not give suggestions or force their opinions upon them.
Comprise if going to the mediator: This is also a myth as there is no reason for the people to compromise if going to a mediator. In fact by going to a mediator the person is free to speak out his opinion. Mediation always creates a win-win situation for the conflicting groups and does not force an opinion on them as in the courts.
Knowledgeable mediator in the subject The knowledge of the mediator in the subject of conflict doe help but this is not a mandatory requirement. The major qualification for a mediator is the power to make both the parties listen to each other and try to make them understand each other. In fact it would be a disadvantage for the parties if the mediator is very knowledgeable.
The mediator will give away the case This is another common myth among people that the mediator will give away the case. While most of the cases where the mediation is involved does not have the legal case involved, in the few cases where the legal person is present, it is not uncommon for his to voice his opinion. Mediation is extremely effective when the participants are open with each other and do not hide anything or try to talk behind the back of the mediator. Also, all the information that is being provided is within the conflicting parties control and no one can be forced to share more information then they wish to.
Not talking to the other party so mediation will not help This is another common myth among people that as we are not talking to the other party it is impossible for a mediator to solve our problems. But, irrespective of whether you are talking to each other or not if the mediator is told about the problem then, it is easy for him to make both the parties talk to each other. The main job of the mediator is to make both the conflicting parties speak out to each other and clear their misunderstandings or problems.