Theory of Voluntary Mediation

Prof.Abhinav Trivedi
Voluntary Mediation
In Situation of conflicts when two or more parties
come together voluntarily to resolve the dispute
and achieve their goals by taking help of a third
eligible party (known as mediator) then this
process is known as voluntary mediation.
voluntary participation of businesses for a shared
interest by co-operation of parties to produce
good business for public welfare
- Henk van leuijk

Mediation means a process in which an impartial third party, a
Mediator, facilitates the resolution of a dispute by assisting disputing
parties to reach a voluntary, mutually acceptable resolution of their
dispute.
Mediator means an impartial person whose role in mediation is:

To facilitate communication, promote understanding, and assist the
parties to negotiate in good faith with each other.

To focus the parties on their interests and assist them in developing
options to make informed decisions.

To assess risks, consider possible settlement options, and resolve
their dispute voluntarily.

To facilitate resolution without making decisions for or imposing a
settlement on the parties.

Principles of Mediation
Mediators have to follow a set of principles:
Self-determination: A mediator shall recognize that mediation is based on
the principle of self-determination by the parties. Self-determination
requires that the mediation process rely upon the ability of the parties to
reach a voluntary, acceptable agreement. Any party may withdraw from
mediation at any time.
Impartiality: A mediator shall conduct the mediation in an impartial manner.
A mediator shall mediate only those matters in which he or she remains
impartial and evenhanded. If at any time the mediator is unable to conduct
the process in an impartial manner, the mediator is obligated to withdraw.
Conflicts of interest
A Mediator must disclose all actual and potential conflicts of interest known
to the Mediator After disclosure, the Mediator must decline or withdraw as
Mediator unless all parties mutually agree to retain the Mediator A Mediator
must not allow pressure or influence from third parties to compromise the
impartiality of the Mediator A Mediator must not act for any of the parties
subsequently in any matter arising out of mediation without the written
consent of all parties.

Competence: A mediator shall mediate only when the mediator has the
necessary qualifications to satisfy the reasonable expectations of the parties.
Mediators should have information available to the parties regarding their
relevant training, education, and experience.

Confidentiality: A mediator shall maintain the reasonable expectations of the
parties with regard to confidentiality. The parties' expectations of confidentiality
depend on the circumstances of the mediation and any agreements they may
make. The mediator shall not disclose any matter that a party expects to be
confidential unless given permission by all parties or unless required by law or
other public policy.
A Mediator must maintain the confidentiality of mediation communications. A
Mediator will only disclose the same if required by law or with consent of all the
parties.
Quality of the process: A mediator shall conduct the mediation fairly, diligently,
and in a manner consistent with the principle of self-determination by the
parties. There should be adequate opportunity for each party in mediation to
participate in the discussions. The parties decide when and under what
conditions they will reach an agreement or terminate a mediation

Advertising and solicitation: A mediator shall be truthful in
advertising and
solicitation for mediation. Advertising or any other communication
with the public concerning services offered or regarding the
education, training, and expertise of a mediator shall be truthful.
Mediators shall refrain from promises and guarantees of results.
Fees:
A Mediator must fully disclose in writing, and explain the basis of
the fees and costs to be charged by the Mediator. The Mediator
must not make any unilateral arrangements with any of the parties
for additional fees..

Participatory Ethics
Participatory ethics provides idea about how to mediate
between business goals & moral demands and how to
serve the society in more ethical way and gain
corporate excellence.
In participatory ethics the process is started with the
help of a mediator (volunteer) with the voluntary
cooperation of both the parties on their common
interest and different business issues lile ;
Corporations self interest.
Public welfare.
Competitive issues.
Employee welfare.
Participatory Ethics (contd..)
In the process of voluntary mediation the
following conditions are necessary:
a) Participation of all the parties.
b) This Participation should follow the
approach of free will to choose i.e. it should
be voluntary.
Participatory ethics is a good approach to
maintain & mediate between business
interest of the corporations & moral
demands of individuals as well as of the
society.