MEDIATION

INTRODUCTION
Conflict management has become the centre of gravity of human activities. The inevitability of
conflict in social relations has made conflict management as essential element for human
adaptability and survival. This is because the approach adopted to mitigate conflict will
determine one’s survival instinct and adjustment patterns in terms of how to live amicably with
people to achieve set goals. The issue is that to live amicable with people call for the
understanding of conflict dynamics and its management approaches in a society. There are
different conflict management styles that can be adopted by individuals in conflict situations.
However, it is important to note that the same conflict style can be used by people at different
points for distinct conflict situations.
MEDIATION AS A STYLE OF CONFLICT RESOLUTION
Mediation is a conflict resolution process in which a neutral mediator assists the parties through
constructive discussion and negotiation of their issues in order to reach a mutually acceptable
resolution.
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. A mediator is facilitative
in that she/he manages the interaction between parties and facilitates open communication.
Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-
testing"), while refraining from providing prescriptive advice to the parties (e.g., "You should
do...").
Mediation, as used in law, is a form of alternative dispute resolution resolving disputes between
two or more parties with concrete effects. Typically, a third party, the mediator, assists the
parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such
as commercial, legal, diplomatic, workplace, community, and family matters.
The term mediation broadly refers to any instance in which a third party helps others reach an
agreement. More specifically, mediation has a structure, timetable, and dynamics that "ordinary"
negotiation lacks. The process is private and confidential, possibly enforced by law. Participation
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is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs
the process. Mediation is becoming a more peaceful and internationally accepted solution to end
the conflict. Mediation can be used to resolve disputes of any magnitude.
The benefits of mediation in conflict include:
Cost: While a mediator may charge a fee comparable to that of an attorney, the mediation
process generally takes much less time than moving a case through standard legal channels.
While a case in the hands of a lawyer or a court may take months or years to resolve, mediation
usually achieves a resolution in a matter of hours. Taking less time means expending less money
on hourly fees and costs.
Confidentiality: While court hearings are public, mediation remains strictly confidential. No one
but the parties to the dispute and the mediator or mediators know what happened. Confidentiality
in mediation has such importance that in most cases the legal system cannot force a mediator to
testify in court as to the content or progress of mediation. Many mediators destroy their notes
taken during a mediation once that mediation has finished. The only exceptions to such strict
confidentiality usually involve child abuse or actual or threatened criminal acts.
Control: Mediation increases the control the parties have over the resolution. In a court case, the
parties obtain a resolution, but control resides with the judge or jury. Often, a judge or jury
cannot legally provide solutions that emerge in mediation. Thus, mediation is more likely to
produce a result that is mutually agreeable for the parties.
Compliance: Because the result is attained by the parties working together and is mutually
agreeable, compliance with the mediated agreement is usually high. This further reduces costs,
because the parties do not have to employ an attorney to force compliance with the agreement.
The mediated agreement is, however, fully enforceable in a court of law.
Mutuality: Parties to a mediation are typically ready to work mutually toward a resolution. In
most circumstances the mere fact that parties are willing to mediate means that they are ready to
"move" their position. The parties thus are more amenable to understanding the other party's side
and work on underlying issues to the dispute. This has the added benefit of often preserving the
relationship the parties had before the dispute.
Support: Mediators are trained in working with difficult situations. The mediator acts as a
neutral facilitator and guides the parties through the process. The mediator helps the parties think
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"outside of the box" for possible solutions to the dispute, broadening the range of possible
solutions.
REFERENCES
Noaks, J. & Noaks, L. (2009). "School-based peer mediation as a strategy for social inclusion".
Pastoral Care in Education. 27 (1): 53–61.
Gerber, S 1999, 'Does peer mediation really work?', Professional School Counseling, 2, 3, 169.
Agardy, Peter (2009), 'Mediation and the insolvency practitioner,' Insolvency Law Journal,
Thomson Reuters, Vol 17. No.3, September, Pages 135–146.
Alés Siolis Javier "The Magic Mediation " (in Spanish) Edit Aconcagua Seville 2010
Boulle, Laurence (2005) [1996]. Mediation: Principles, Processes, Practice (2nd ed.).
Chatswood, N.S.W.: LexisNexis Butterworths. ISBN 0409319457. OCLC 62189591.
Third edition published in 2011.
Cremin, H. (2007). Peer Mediation: Citizenship and Social Inclusion in Action. Maidenhead:
Open University Press.
Charlton, R. (2000). Dispute Resolution Guidebook (2 Ligare Pty Ltd, Riverwood NSW ed.).
Erskineville NSW: Star Printery Pty Ltd.
Charlton, R.; Dewdney, M. (2004). The Mediator's Handbook. Skills and Strategies for
Practitioners.

MEDIATION

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INTRODUCTION

MEDIATION AS A STYLE OF CONFLICT RESOLUTION

The benefits of mediation in conflict include:

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