The Meaning and Role of Administrative Mediation
Administrative Mediation is a system of dispute resolution where a third-party mediator is appointed by an administrative body to help resolve a conflict between two or more disputing parties. It is used to settle disputes between public authorities, quarrels between private individuals, disagreements between organizations, and disputes over public services. It is a type of alternative dispute resolution that can be used to resolve a wide variety of cases in a faster, simpler, and more cost-effective manner than going through the courts.
The purpose of Administrative Mediation is to help parties reach a mutually acceptable agreement. A mediator serves as a neutral third-party who is impartial and unbiased and can help encourage communication and goodwill between the parties. The mediator facilitates constructive problem solving and helps parties reach a mutually satisfactory resolution without ever having to go to court.
The benefit of Administrative Mediation is that it allows for an informal resolution of a dispute and avoids the costs, delays, and stress of litigation. It is much less formal than a court setting and can enable parties to reach a better solution than could be reached in a courtroom. The mediator is able to focus on both parties needs and interests, create a safe environment for discussion, clarify the issues, keep the parties engaged and on track, and help them to come up with a solution to their dispute.
Administrative Mediation is a useful and effective tool for resolving disputes in an amicable and timely manner. It allows both parties to find a mutually agreeable solution while avoiding costly and time-consuming court proceedings. Furthermore, it allows the dispute to remain confidential and provides the parties with an opportunity to take back control of their dispute.
Although Administrative Mediation is not always appropriate, it can be an effective and cost effective alternative to a court case, especially in complex and challenging cases. The parties must be willing to bargain in good faith, be willing to have a meaningful and truthful exchange of information, and be open to the ideas and perspectives offered by the mediator. Furthermore, both parties must agree to abide by the decision by the mediator.
The role of the mediator then becomes extremely critical in Administrative Mediation. The mediator must be skilled in communication, negotiation, problem-solving, and conflict management. The mediator should be a neutral individual, who is neutral and impartial, who is knowledgeable and experienced in the field being discussed. The mediator should also be competent, with the ability to listen carefully, be patient, be firm but fair, and have a sense of what an acceptable solution to the dispute would be.
Administrative Mediation can be an effective alternative to litigation and court cases, as it allows parties to reach a mutually satisfactory agreement. However, it is important to ensure that a qualified, impartial, and knowledgeable mediator is appointed and that both parties are willing to cooperate and participate fully in the process.
