Mediation Definition
"Mediation is a process in which the parties to a dispute, with the assistance of a neutral third party (the mediator), identify he disputed issues, develop options, consider alternatives and endeavour to reach an agreement. The mediator has no advisory or determinative role in regard to the content of the dispute or the outcome of the resolution, but may advise on or determine the process of mediation whereby resolution is attempted."(N.A.D.R.A.C - National Alternative Dispute Resolution Advisory council) Alternative Dispute Resolution Definitions - March 1997
Let us examine the above definition:
"parties to a dispute, with the assistance of a neutral third party"
Here we encounter the first important element of mediation, that of neutrality. In this sense as a mediator, we do not represent clients nor take sides. Added to this there is no personal investment of imposing our own solutions.
"identify the disputed issues"
In order to do this, it is necessary for clients to tell us what their conflicts are all about. As mediators, we help the clients to categorise what is happening objectively.
"develop options, consider alternatives..."
This is akin to a brainstorming and evaluating process
"no advisory or determinative role"
This phrase places the responsibility of decision making onto the client with no advice or suggestions from the mediator.
"but may advise on or determine the process of mediation"
The mediator should always retain control of the process, the parties retain control of the content.
"voluntarily"
The clients need to be there of their own free will. If people are ordered to be at a mediation session commitment to the outcomes can be questionable.
Different types of conflict resolution styles include:
Conciliation
is a process similar to mediation but the conciliator acts more as an 'inventor' of solutions which are presented to the parties with a view of getting them to agree as to how the dispute should be solved. Giving suggestions is common in conciliation.
Arbitration
is where a third party is used to decide on the outcome. Instead of the parties bargaining with each other, they plead their case to the third party, hoping for a favorable decision.
Adjudication
is the system most often used by courts. It is different in that both the process and the outcome rest upon a set of rules or laws. It is also different in that a court can compel individuals to be present and participate.
Mediation vs Counselling
The mediation process has a different purpose to that of counselling.
Counselling
looks at changing behaviors, thoughts and feelings. Counselling looks at healing the individual or people involved.
Mediation
is attempting to resolve immediate conflicts. If greater understanding occurs and communication is improved which is desirable, this is viewed as a by-product
- Site Map -