Understanding How Mediation Works
Mediation is an interactive, structured process where two or more disputing parties resolve conflict through the use of sophisticated negotiation and communication techniques. All parties involved in mediation are encouraged to actively engage in the entire process. Both parties are free to present their cases, and both parties can ask questions to explore the issues. During mediation, both parties should remain focused on the objective of the mediation.
In mediation, the impartial third party acts as the “he” and the disputing parties as “she.” The “he” in mediation is the one responsible for addressing any disputes or clarifications related to the topic at hand. The “she” in mediation is usually the person of a higher rank or position in a company. The mediator does not make decisions. The mediator tries to address all issues of both parties and reach a final resolution.
There are several common types of mediation. Below is some general information regarding each type.
Mediation– This type of mediation is used to resolve disputes between employees and employers. An employee may be asking for a promotion or another similar promotion, while the employer disputes that promotion. In this case, a dispute arbitrator will decide who is right, and they will either help the employer to get their way or they will help the employee get his promotion.
Mediation and Conferencing – In a case where both parties want to bring their cases to a meeting with the other party, the mediator helps both parties communicate through videoconferencing. This way both parties can interact, clarify their disputes and present any arguments.
Business mediation – A business mediator brings a business perspective to the table. The goal of this type of mediation is to save money by bringing both parties together to help them reach a solution. This type of mediation may also help businesses and employees achieve a resolution when a lawsuit or claim has been filed against them.
Business mediation may also be called business arbitration. This type of mediation is usually used by large corporations. This type of mediation is more expensive because the mediator is often more skilled than a plaintiff, but it is very effective.
Mediators may not always have the same qualifications. Some mediate are lawyers, but some are psychologists, accountants, clergy members, and even psychologists, but the goal is to help both parties reach a mutual agreement, not to decide whose side is right.
Mediation is done from one person’s perspective. During this time, both parties are given the opportunity to explain their case to the other person. Then they can listen to each other and agree on points to the point of discussion. If both parties feel comfortable with the discussion then they can move forward with the rest of the process.
The mediator doesn’t give an opinion on the case. They simply provide an impartial point of view to both sides, to give them ideas of what to discuss, how much information to give, and whether or not to continue.
Sometimes mediation is a good idea for all sides. For example, if the employer feels strongly about giving their employee more benefits, they may wish to go to mediation. Business mediation rather than a court case. If the employee thinks the company is not paying enough, they may wish to have a mediation instead.
Mediation can also be very useful for parents. A child custody case, for example, can benefit from a professional mediator. The mediator can provide an objective third person, as well as help the parents reach an agreement about child support and visitation.
There are a lot of benefits to mediation. You may find that you want to try mediation yourself. It might work out well. But, it can be a bit confusing at first, but after a few sessions, you should find yourself familiar with the process.
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