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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. Learn
more. |
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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.
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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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