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    It Is A Diplomatic Intervention For Settling Differences Between Persons, Nations Etc

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    dinar aimc
    Mediation is a structured process where an impartial third party mediator helps disputing parties resolve conflicts through specialized communication and negotiation techniques. The mediator guides the process in a constructive manner to help the parties find an optimal solution that focuses on their needs, rights, and interests. All participants are encouraged to actively engage in the mediation process.

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    It Is A Diplomatic Intervention For Settling Differences Between Persons, Nations Etc

    Uploaded by

    dinar aimc
    17 views2 pages
    Mediation is a structured process where an impartial third party mediator helps disputing parties resolve conflicts through specialized communication and negotiation techniques. The mediator guides the process in a constructive manner to help the parties find an optimal solution that focuses on their needs, rights, and interests. All participants are encouraged to actively engage in the mediation process.

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    Mediation Exam

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    Mediation is a structured process where an impartial third party mediator helps disputing parties resolve conflicts through specialized communication and negotiation techniques. The mediator guides the process in a constructive manner to help the parties find an optimal solution that focuses on their needs, rights, and interests. All participants are encouraged to actively engage in the mediation process.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    17 views2 pages

    It Is A Diplomatic Intervention For Settling Differences Between Persons, Nations Etc

    Uploaded by

    dinar aimc
    Mediation is a structured process where an impartial third party mediator helps disputing parties resolve conflicts through specialized communication and negotiation techniques. The mediator guides the process in a constructive manner to help the parties find an optimal solution that focuses on their needs, rights, and interests. All participants are encouraged to actively engage in the mediation process.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    1.

    "Mediation is a structured, interactive process where an impartial third party


    assists disputing parties in resolving conflict through the use of specialized
    communication and negotiation techniques. All participants in mediation are
    encouraged to actively participate in the process. Mediation is a "party-centered"
    process in that it is focused primarily upon the needs, rights, and interests of the
    parties. The mediator uses a wide variety of techniques to guide the process in a
    constructive direction and to help the parties find their optimal solution." Please
    analyze the statement.

    The statement depicting a short but clear picture of the process called “Mediation”. In this
    process, a person or an organization or simply a third party got invited between two parties to
    solve a problem by convincing them without any direct legal involvement. As sometimes, the
    legal involvement can be continued till a long period of time, so in those cases, mediation can
    be the best option to make a successful and positive result. The third party, who conducts the
    deal with first two parties is call the mediator. The mediator should be mutually selected and
    the person should must be impartial and neutral who actually assists them in the negotiation of
    their differences. The decision power is totally and strictly in the hand of the first two parties
    who decides to involve mediator. The mediator does not decide “fair” or “right”, does not
    assess blame nor render an opinion on the merits or chances of success if the case were
    litigated. Rather, the mediator acts as a catalyst between opposing interests attempting to
    bring them together by defining issues and eliminating obstacles to communication, while
    moderating and guiding the process to avoid confrontation and ill will. The mediator will,
    however, seek concessions from each side during the mediation process. It is a diplomatic
    intervention for settling differences between persons, nations etc.
    To solve any problem mediation requires three things:
    1. Willingness of all the relevant stakeholders to work together to resolve the problem;
    2. Availability of a trusted “neutral” with sound knowledge on the issue and sufficient skill to
    manage difficult conversations;
    3. Agreement on procedural ground rules such as confidentiality, timetable, agenda, good faith
    effort, etc.

    The prime role of the mediator is to accelerate communication between the parties in conflict
    with a view to helping them reach a voluntary resolution to their dispute that is timely, fair and
    cost-effective as well. Although the mediator conducts the meeting and is in charge of the
    proceedings, he/she should not impose solutions or decisions and has no power to force any
    kind of settlement.  A solution should and only be reached by agreement between the
    conflicted parties. They are responsible for the ultimate resolution of the dispute. Furthermore,
    a mediator has even no right or duty to provide legal advice to the parties even if he/she
    happens to be a lawyer. The parties should seek legal advice solely from their legal counsel. The
    mediator, however, may raise issues and help parties explore options. 

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