Mediation System
Mediation is a method of dispute resolution whereby a neutral third party helps settlement negotiation between two parties. The neutral third party works with both parties to acheive a resolution to their dispute while considering both parties’ individual needs and interests. The potential benefit of mediation is that both parties can come to a mutually satisfactory agreement rather than subjecting themselves to a court case which can be costly and time consuming.
In court cases, the parties are in an adversarial relationship, where each party sets out to convince a judge that their case is correct. The result is rarely satisfactory to either side and takes a long time to be reached. With mediation, the parties are not in an adversarial relationship and the third party mediator works to help them reach a compromise.
Mediation is usually voluntary, with the parties agreeing to enter into mediation when they decide to do so. Generally speaking, the process of mediation begins when both sides submit a statement to the mediator outlining their respective positions and the issues they believe must be addressed. The mediator then meets with the parties to discuss the issues and attempt to find a resolution which they can both agree on.
In most countries, mediation is a confidential process, meaning that everything said between the parties and the mediator remains confidential and cannot be used in court should the negotiation fail. This helps to ensure that the parties are not discouraged by the fear of an unfavorable court ruling.
The mediator acts as a neutral party and does not decide the outcome through arbitration or litigation. He or she does not provide legal advice or make decisions for the parties, but rather looks for a mutually beneficial solution. The mediator may suggest potential solutions and guide the parties in their discussions, but the parties ultimately make their own decisions.
The parties must be willing to negotiate in good faith and to explore all potential options for negotiation. All statements must be truthful and parties must possess the capacity to make decisions about their dispute without being pressured or coerced by the mediator or the other party.
Mediation has been successfully used in many different types of disputes, such as labor/management disputes, business and corporate disputes, insurance claims, real estate disputes, and disputes between family members. Mediation may even be used to facilitate agreements between two parties in a civil liablity case, with the mediator helping the parties to reach a settlement out of court.
The advantages of mediation include a more flexible approach to resolving disputes, more control over the outcome, and less expense and time compared to other dispute resolution methods. Additionally, agreements reached through mediation are often more durable and better accepted than those reached through litigation.
By advocating for the use of mediation, both parties can benefit by preserving relationships and preventing an unwanted or costly court battle. Mediation is an effective and efficient way for parties in dispute to quickly and cost-effectively reach a mutually agreeable solution.
