Mediation is a form of alternative dispute resolution of conflict (ADR) between two or more parties, with the assistance of an impartial and neutral third person – mediator. This is a voluntary process that is conducted only when both parties agree to it.
The role of the mediator:
- Mediator is not an arbiter – he/she does not make any decisions; he/she solely conducts the process while the parties are those who are in control over the process and its outcome
- Mediator is highly qualified, specialized in different fields of mediation and trained to work under difficult circumstances
- Mediator is a facilitator who by employing different methods and skills helps in negotiations directed to reaching a mutually acceptable agreement
- On parties’ request, the mediator may even provide help in composing the agreement
- It is the interest of the parties, not the law, which is the only criterion for reaching the agreement.
One of the major advantages of mediation is the fact that you are given an opportunity to resolve a conflict peacefully, satisfying everyone’s needs. This fact enables the parties to jointly explore options for resolving these issues.
Mediation has high percentage of success (80%-85%) mostly because of the structure, timeline and dynamics that “ordinary” negotiations lack.