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A neutral third party who assists the disputing parties to reach their own agreement. Mediators are not empowered to make a decision nor press for a particular outcome. |
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ADVANTAGES OF MEDIATION AS COMPARED TO ADJUDICATION |
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Faster and cheaper (efficiency) Flexible and informal Leads to greater participant satisfaction (psychological ownership) Leads to higher compliance rates of agreements (durability) Helps to preserve the parties’ relationship (empowering process) Preserves parties’ capacities to prevent and/or resolve future disputes (conflict management and prevention) Offers more comprehensive agreements and creative solutions |
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DISADVANTAGES OF MEDIATION AS COMPARED TO ADJUDICATION |
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Cannot guarantee a settlement Enforceability concerns Viewed as private contract Cannot create a legal precedent Legal precedent needed for legal reform Many not protect the disempowered 2nd class justice argument; “lesser forum” Cannot provide public vindication or reprimand Danger of hiding issues that should be public |
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Individual meetings held between the mediator and a disputant during a mediation |
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A document written by the mediator that memorializes an agreement worked out in mediation |
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Third party neutral who provides procedural assistance to group participants to enhance information exchange, improve communication, and/or promote effective problem-solving and decision making. |
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The psychological component of dispute resolution where a neutral third party attempts to create an atmosphere of trust and cooperation that is conducive to effective negotiation. |
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Focus is on the parties’ legal entitlements Result is a non-binding opinion about merits of case Caucus is used almost exclusively Evaluative style |
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Focus is on reconciling the parties’ underlying interests Mediator does not offer any opinion on merits of case Caucuses used sparingly if at all Facilitative and Transformative styles |
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The mediator helps the parties to resolve a dispute by making a neutral evaluation of the merits of the case The main goal is settlement Mediator has subject area expertise
Appropriate when: An on-going relationship is not involved A quick resolution is needed Parties are at impasses due to differing methods of case evaluation |
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Definition
The mediator focuses on facilitating effective negotiation between the disputants with the goal of helping them reach their own agreement. The main goal is meeting each party’s legitimate interests through collaborative problem-solving. Mediator is the process expert.
Appropriate when: An on-going relationship is involved When parties need help communicating effectively When the problem is more of a dispute than a conflict |
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The mediator focuses on healing the relationship between the parties rather than simply settling their dispute. The main goal is empowerment of the parties along with their recognition of each other’s perspective. Mediator supports the parties in their efforts to reach understanding; the parties are in control of the process.
Appropriate when: Parties need to establish an improved and respectful relationship on a sustained basis Parties want to learn effective ways to communicate Parties want to resolve the root cause of their conflict and transform their relationship |
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Catalyst Provide forum Educator Resource person Translator Scapegoat Bearer of bad news Reality agent |
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Education parties Structuring process Improving communication Handling emotions Maintaining motivation Framing issues Listening |
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