Looking back at history, conflict has seeped into every part of humanity. There has been discord and tension between people and groups of people due to ideological differences involving ethnicity, politics, religion and social class. Some disputes have been simple while others have been extremely complex and multifaceted. No matter what the disagreements involved, the results have shaped history.
It is essential for humans to learn how to resolve conflicts and to manage conflict effectively. Alternative dispute resolution is one option that continues to offer better outcomes and in today’s society, many are choosing this option to resolve their conflicts. Mediation is a form of alternative dispute resolution that is becoming more popular than ever.
What is Mediation?
The goal of mediation is to assist disputants in reaching a mutually acceptable agreement. The process involves a mediator that is a neutral third party and one that does not enforce a decision or impose a resolution. The mediator facilitates the process and guides the parties to come to an agreement on their own.
A mediator guides the parties through a course of sharing information, developing options for resolution, negotiating, and formalizing agreements or contracts. Again, the parties come to an agreement on their own and the mediator maintains impartiality throughout the process. It is imperative that the parties participate voluntarily and the information shared during the session remains confidential.
Why Choose Mediation?
Listed below are some of the key reasons to choose to mediate a conflict.
- Disputants often want to find solutions. Even when attempts at solving conflict have been unproductive in the past, the presence of a skilled mediator can lead to successful outcomes.
- Mediation provides a secure and confidential setting which allows all parties to explore issues, talk about solutions, think creatively and settle disagreements in a safe setting.
- In the United States the courts have found themselves with an extremely busy calendar. Mediation can be a lot less expensive than litigation and the parties involved have a greater control over resolving the dispute.
- The process of mediation is often much less adversarial than the litigation route.
- A qualified mediator doesn’t advise the parties, but helps the parties to fully understand why they are disagreeing, helps identify underlying problems and helps the parties work toward creating a permanent mutually agreeable resolution.
- Mediation can help maintain and enhance personal and business relationships, as well as set parameters for the relationship in the future.
When to Use Mediation?
Mediation is an excellent option for disputes that involve individuals, families, groups of people, schools, businesses, organizations, communities, states, etc: really anyone who has an interest in resolving the conflict. Mediation ranges from a small peer mediation group in a school all the way to global peace talks.
Listed below are some examples of types of disputes that are common for mediation. Certainly this is not a comprehensive list, but it does provide some typical types of disputes that are in which mediation is used.
- Legal Matters: Small Claims/Civil
- Divorce
- Child Custody and visitation
- Senior Care matters
- Health Care
- Estate disputes
- Environmental disputes
- Wrong termination in the workplace
- Discrimination/Harassment
- Landlord/Tenant
- Medical Malpractice
- Partnerships
- Contracts in Business
- Homeowners’ Association
- Peer Mediation
- Victim/Offender
- Personal Injury
As long as all parties are willing to mediate the difference of their positions then mediation can take place. Choosing to mediate a conflict, will allow participants a greater understanding of the dispute and will help them move forward to a mutually agreeable solution.
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