subject: Mediation - Ever Heard Of It? [print this page] Mediation is an informal way of settling of disputes between the two conflicting parties. A third party is usually involved to tries to solve the problems without going to the courts. During the mediation the mediator listens to both the parties and then tries to makes both the parties reach a decision. Here, unlike in the courts the mediator does not impose his decision on the conflicting parties. Rather, he tries to give a solution which is acceptable to both the parties without any pressure. The mediator also does not take sides. He is a neutral party and acts on behalf of both the parties. Mediation is used mostly in solving issues within the family, marital issues or even issues between the management and the workers union.
The mediator is usually a volunteer who wishes well of both the parties. The concept of mediation is very old and has been around since ages. Before the law came into course it was with the help of mediators that the cases were solved. The major advantages of mediation are that it is a very confidential process. Except for the conflicting parties and the mediator no one else would know about the issue at all. The mediator tries to solve the issue without prolonging it for a long time. The decision reached is also always agreed upon by both the parties. The mediator never takes sides but remains neutral. The solution during the mediation process is multiple most of the time. The decision is not imposed on the parties but it is left to them to reach an amicable decision. With mediation the situation between both the parties is always a win-win. As the decision is reached through discussions between the two groups, no one would be disappointed by the outcome.
Mediation usually is very successful because both the parties want to make an out of the court settlement and also reach it fast. Mediation not only solves the issue soon but it also cost the person less. It also does not strain the relationships between the conflicting parties. A good mediator always tries to solve the issues without much problem. At times the mediator may give suggestions but usually only listens to both the groups and tries to make them come to an understanding. The mediator is usually a very committed person who tries his best to resolve the issue as soon as possible. He does the mediation in an impartial manner. The mediator usually takes into consideration the psychological and the emotional aspects and tries to use it to solve the problem. A good mediator never offers legal advice as the conflicting parties always come to a mediator only to get away from all the legal procedures. Maintaining confidentiality is the most important qualification for the mediator.
The mediator also has a few responsibilities for doing his job. The entire process of mediation is always conducted under closed doors. If there are any outsiders present then it would be only with the consent of both the parties involved in the conflict. No mediation process is recorded and even if any records are maintained it is to be destroyed once the problem is solved.
