What is Mediation?
Mediation in itself appeared in an very ancient activity that developed in Greece and then in Roman Civilization. The Mediation process involves a neutral third-party who has no enforcing powers. Mediation works purely facilitative: the practitioner has no advisory role. Instead, a mediator seeks to help parties to develop a shared understanding of the conflict and to work toward building a practical and lasting resolution.
It is an approach that is particularly beneficial to those who desire an on-going relationship that will outlive the current dispute. It can provide emotional, as well, as economic resolution that permits progress in commercial relationships. The mediator can provide a mirror of reality, and can quickly determine whether the matter can be resolved. Its advantages include being: private, confidential, voluntary, relatively inexpensive, informal, flexible, and providing scope for imagination.
Different Types of Mediation:
Evaluative mediation has somewhat of an advisory role in that its practitioners evaluate the strengths and weaknesses of each side’s argument should they go to court; whereas facilitative mediators and transformative mediators do not do this.
Advantages of Mediation OR Why Choose Mediation:-
1. The mediation takes place with the aid of a mediator who is a neutral third party.
2. It is an informal method of dispute resolution, in which a neutral third party, the mediator, attempts to assist the parties in finding resolution to their problem through the mediation process.
3. It is a less expensive route to follow for dispute resolution.
4. Less time consumption where a matter in court may take months in Mediation it may be sorted out in hours.
5. Mediation offers a confidential process. While court hearings of cases happen in public, whatever happens in mediation remains strictly confidential.
6. Mediation offers multiple and flexible possibilities for resolving a dispute
7. The parties have control over the resolution, and the resolution can be unique to the dispute.
8. Safety, Fairness, closure
9. Party Participation
10. Disclosure of Information
11. Creating favorable conditions for the parties decision making
12. Assisting the Parties to communicate
13. Facilitating the parties negotiating
• Prenuptial/Premarital agreements
• Financial or budget disagreements
• Financial distribution and spousal support (alimony)
• Parenting plans (child custody and visitation)
• Elder-care issues
• Family businesses
• Adult sibling conflicts
• Disputes between parents and adult children
• Estate disputes
• Medical ethics and end-of-life issues
• Wrongful termination
• Labor management
Disputes involving the following issues:
• Homeowners’ associations
• Contracts of any kind
• Medical malpractice
• Personal injury
• Non-profit organizations
• Faith communities