Mediation

An informal method of dispute resolution in which a third party to a dispute (the mediator) attempts to assist the parties in finding resolution to their problem through the mediation process. Mediation differs from most other conflict resolution processes by virtue of its simplicity, and the clarity of its rules.

Generally, the process consists of an introduction by the mediator, the presentation of areas of concern (the issues in dispute) by the complainant, an opportunity for the respondant to reply, and a continuation of alternating responses until either the issue is resolved or the parties are obviously not going to reach agreement. The role of the mediator is to guide the process, insuring that each party has an uninterrupted opportunity to speak and respond, until either resolution or stalemate.

Mediation has been used extensively in a variety of organizations including businesses, schools and non-profit organizations. The process works best when the parties are both seeking resolution to their conflict (or potential conflict) and have no hidden agenda. Mediation has been utilized by some court jurisdictions to decrease caseload, particularly in the area of family law.

Mediation has sometimes been utilized to good effect when coupled with arbitration in a process called, appropriately enough, "mediation/arbitration." In this process, if the parties are unable to reach resolution through mediation, the mediator becomes an arbitrator, shifts the mediation process into an arbitral one, seeks any additional evidence needed (particularly witnesses, if any, since witnesses would not normally be called in a mediation), and renders an arbitral decision.

See also Conciliation and Negotiation.