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. A good mediation process can be likened to having eggs for breakfast; Inexpensive to buy, easy to prepare, and completely healthy.
What is mediation?
- To mediate instead of litigate definitely reduces the fatigue, anxieties, anger and any other negative psychological effects for parties in dispute. These exhausting feelings are your constant companions if you are compulsive about trying to prove all the “I am Right and You are Wrong”. That obsession is unfortunately, an inevitable part of adversarial legal proceedings.
- To mediate means you exercise control and power over the terms that will govern how you move forward. You actively participate in all decision making. Good mediated outcomes generate high satisfaction from a perception of a fair process while litigation often means feelings of frustration and disempowerment since it is someone else telling you what is right/wrong. Personally, I have had enough experiences with litigation to know that what a judge orders can often be what none of the parties really want.
- To mediate a dispute toward a settlement often result in enduring resolution. Parties tend to stick to the terms of a mediated settlement well, because of the earlier mentioned values like perception of fair, satisfied, my own decision. This means the dispute is put to rest with no need of future litigation, thus dousing all the emotional stress involved.
- To mediate will mean the focus is on satisfying the parties’ needs, not on their legal rights. We can address psychological and emotional needs, which is often the problems parties want solved. Most will agree that what the law says is really often secondary to parties’ real wants.
- To mediate will teach parties how to manage a dispute, which in turn will benefit them in handling future issues. Problem solve between themselves, no more resorting to court again. This educational experience, according to Prof Shapira, may be considered a therapeutic outcome of the participation in mediation.
- To mediate can reduce the damage to the relationship and often, can repair, restore, rehabilitate and eventually, heal.