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Defining Mediation

Defining Mediation

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Published by curlicue

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Published by: curlicue on Dec 18, 2008
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06/17/2009

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Defining Mediation
What is Mediation?
 Mediation is a voluntary collaborative process whereindividuals who have a conflict with one another identifyissues, develop options, consider alternatives, anddevelop a consenual agreement. Trained mediatorsfacilitate open communication to resolve differences in anon-adversarial, confidential manner. The Central Goals of Mediation are to:
Reduce obstacles to communication betweenparticipants
Address the needs of everyone involved
Maximize the discovery of alternatives
Help participants to achieve their own resolution
Provide a proven model for future conflictresolution
Why Mediation?
 Mediation should be considered when prior attempts atresolving conflicts have failed or when people need thirdparty assistance in confronting issues. It is analternative to filing formal charges.Mediation usually succeeds because it's...
Efficient:
Sessions are usually held within twoweeks at a convenient time.
Effective:
Issues causing the conflict areidentified and addressed.
Confidential:
The content of the mediation is
 
private, known only to participants.
Empowering:
The ultimate authority belongs tothe participants themselves.
Mediation: A Guide to Conflict Resolution - U.Tulane
Mediation is a means to resolve disputes withoutresorting to litigation or other adversarial modes of dealing with conflict. By seeking a "win-win" solution,acceptable to both sides, mediation promotes betterunderstanding among disputants. It also costs less,results in more lasting agreements than litigation, andcan be used for emotionally sensitive disputes whereother forms of conflict resolution are inappropriate.As a result, mediation has proven useful in a wide rangeof arenas including parent-child and family disputes,divorce, business and organizational disputes,environmental conflicts, community/neighborhoodconflicts, and victim-offender mediation.Mediation activities makes extensive use of negotiationskills, communication skills, conflict dynamics andanalysis, and mediation concepts and techniques.
1) Conflicts are part of life's experiences and havepositive value.
 Conflict is not the exception. It is the norm and familarto everyone. Conflicts have meaning. When thismeaning is understood disputants have an opportunityto improve and change their situation.
2) The peaceful expression of conflict within the
 
community is a positive value.
 Perhaps the easiest way for a community to assist in theresolution of conflict is to advocate for its early andpeaceful expression, not waiting until it has escalatedand can no longer be avoided before taking action.
3) Combining individual and communityacceptance of responsibility for a conflict is apositive value.
  The community can demonstrate its willingness to shareresponsibility for conflict resolution by making availableto persons in conflict a team of competent and trainedvolunteer community mediators. However, themediators must place the responsibility on thedisputants for the actual expression and resolution of the conflict. By building a new structure, the communityis maintaining a vital mechanism for the directexpression and reduction of conflicts that maintainscontrol in the hands of the disputing parties.
4) The voluntary resolution of conflict betweendisputants is a positive value.
 We can model the advantages of cooperation andmutual responsibility-taking if we keep participationstrictly voluntary and work toward jointly constructedagreements that address the needs of both parties.
5) Community diversity and tolerance fordifferences are positive values.
  The mediation process, especially when using mediatorteams, can be used to model respect for diversity, andmay help provide a space where tolerance fordifferences can be learned by disputants.Conflict must be acknowledged as part of everydayliving in a community and its surrounding areas. Unless

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