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Introduction to Mediation Services

Saturday, January, 15, 2011


Mediation services is a form of Alternative Dispute Resolution (ADR) involving two or more parties. A neutral mediator or third party will help the involved parties negotiate their settlement, also called facilitative mediation. Mediators might express views on what might be a reasonable settlement in certain instances. However, this principle only applies when all parties mutually provide the mediator this authority.

Structured and Streamlined

Unlike regular negotiation strategies, mediation services offer structure and a streamlined process to resolve disputes. These services ensure confidentiality and have structured timetables that ordinary negotiation sometimes lacks. While it is not obligatory to opt for mediation, it might be mandatory in certain contracts. There are differences in opinion about the efficacy of these services, however a majority of senior judiciary members agree that they are very beneficial.

Mediator Function

Mediators are skilled professionals who are knowledgeable and experienced in the techniques used in mediation services. Such mediators will help disputants negotiate issues amicably and arrive at concrete results from the negotiations. Mediators have to be completely neutral and confidential in their services. Parties in a dispute leverage their services for various types of disputes ranging from legal and commercial, to workplace and diplomatic disputes, to family and community matters. Mediators may also offer services to corporations and unions. For example, if there is a union strike and there is a dispute, the parties concerned might seek mediation services to reach an agreement.

Reasons for Choosing

There are several reasons why parties may opt for professional mediation services. These kinds of services are less expensive and faster compared to conventional legal proceedings. While standard legal cases can take months to resolve in court, mediation services offer a way to resolve the matter in a couple of hours. With the help of these services, it is possible to ensure greater levels of confidentiality. Unlike court cases, which are very public, these services are private, completely confidential, and offer flexible alternatives to resolve the issue. Through mediation services, parties make headway faster because they are working alongside instead of against each other. Professional mediators are experienced in successful conflict resolution, even with very difficult situations, so chances are parties will reach a workable solution to their disputes.

Its Uses

In instances of irreconcilable differences such as culture or religion, mediation helps foster greater interaction and communication. Mediation services also work to prevent further disputes among parties. These services are also extremely useful in the government, where they are used to receive inputs from stakeholders. Through this process, various mechanisms can be developed to identify mutual interests as well as address conflicts once they arise.

Several reasons exists for choosing mediation services over other channels of dispute resolution. The most important reasons are that these services are always confidential. Outside parties only have permission to observe the proceedings after permission from the concerned parties. During mediation, there are no recorded transcripts retained, and there is no external publicity that occurs regarding the proceedings or negotiations.