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What is Mediation? Mediation is any process for resolving disputes, in which an impartial third party helps the disputing parties reach a voluntary, negotiated agreement that both parties are willing to accept. The work of mediation is to produce the best possible outcome for both parties and not to determine issues of right and wrong. What Is the Goal of Mediation? The goal of mediation is to re-establish communication between parties and to give them an opportunity to resolve their dispute directly. How Does Mediation Help? Mediation creates an opportunity for parties to express issues and clear misunderstandings. Mediation restores communication between the parties in dispute and enables them to focus on problem solving. Mediation also teaches people the skills they need to negotiate solutions to future problems and helps them gain confidence in handling conflicts. How Does Mediation Work? Mediation is informal, private, and confidential. Parties work with a mediator to develop an agreement for resolving their dispute. The mediator facilitates the process by helping the parties to identify and articulate their interests and to understand each other's perspectives. The mediator assists the parties in framing and clarifying the issues in dispute, exploring options, and developing an agreement. The solution in a mediated dispute is not imposed by the mediator. The solution is generated by the parties and is one that both parties are willing to accept and abide by. In mediation, it is understood that the agreement is binding on the individuals who develop it. Where appropriate, the mediator will outline the procedures and possible sanctions for breach of the agreement. How Does Mediation Differ from Arbitration? Arbitration is a formal process in which each party presents his or her case to the arbitrator. The parties do not communicate directly with each other and do not participate in the decision-making process. The resolution of the dispute is decided and imposed by the arbitrator. Because each side is competing to gain an advantage, the process is adversarial and can further damage relationships. In contrast, parties in mediation reach a mutually agreed-upon solution, which encourages compromise and civility. What Are the Active Assumptions Underlying the Mediation Process?
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