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What is Mediation
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Mediation is an extension and elaboration of the negotiation process.The mediation process is based on the parties reaching a voluntary mutually acceptable settlement of the issues that are in dispute.

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What is Mediation?

Mediation is an extension and elaboration of the negotiation process. Mediation involves the intervention of an acceptable, neutral third party. The mediator has no authoritative decision making powers. The mediation process is based on the parties reaching a voluntary mutually acceptable settlement of the issues that are in dispute. Mediation is an informal process and is based on negotiation, mutual respect, open honest discussion, and exploration of each parties interest.

 

Strategies to Manage Conflict

There are several common approaches to managing conflict.
 

 

Fight - There is direct confrontation between those in conflict.. The strongest party usually wins and there is often a distinct loser. In many cases both parties lose to some degree.

Flight - This strategy is based on avoidance. The parties fail to have any effective communication. No effort is made to resolve the conflict. Often there is a high level of compromise which may not be equally shared. Either parties interests are rarely addressed and the conflict goes unresolved.

Negotiations-There is discussion relating to the issues in dispute. The parties attempt to communicate. Negotiations can be positional or can be interest based. In positional negotiations there is often a winner and a loser. Power relationships have a significant affect on positional negotiations. The outcome often relates to the relative power of the disputants.

In interested based negotiations the focus in on the interest of both parties. There is often open and frank discussion and the underlining needs of each party is more fully understood. There is an honest effort to produce an agreement that meets the interest of the parties and produces a win/win outcome. Power relationships play a lesser role in the process.

Mediation - A neutral third party assists with the negotiation. An agreement, which is voluntary and acceptable to both is achieved. The focus is on mutual respect and interest. This is an informal process and discussions are held in confidence. If a settlement is not reached neither party is adversely affected by the attempt to resolve the issues through mediation.

Arbitration - An outside party hears the issues as presented by those in dispute. He/She has full authority to determines the outcome. This is a relatively formal process. The decision of the Arbitrator is binding on the parties and enforceable in the Courts. It is a rights based process and there is a clear winner and loser.

 

   
 
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