What is the key feature of mediation?

• Confidential.
• Voluntary. In order for mediation to work it is important that all parties agree to take part. ...
• Enables participants to determine the outcome. ...
• Can lead to a binding settlement if the agreement is written down and signed. ...
• Offers access to justice.

• Stage 1: Mediator's opening statement. ...
• Stage 2: Disputants' opening statements. ...
• Stage 3: Joint discussion. ...
• Stage 4: Private caucuses. ...
• Stage 5: Joint negotiation. ...
• Stage 6: Closure.

What is a mediation process?

Mediation involves the intervention of a third person, or mediator, into a dispute to assist the parties in negotiating jointly acceptable resolution of issues in conflict. The mediator meets with the parties at a neutral location where the parties can discuss the dispute and explore a variety of solutions.

What are the 7 elements of mediation?

A framework for understanding and analyzing negotiation. The seven elements include interests, legitimacy, relationships, alternatives, options, commitments, and communication.

What does mediation focus on?

Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution.

What is the importance of mediation?

Mediated agreements often help resolve procedural and interpersonal issues that are not necessarily susceptible to legal determination. The parties can tailor their settlement to their particular situation and attend to the fine details of implementation. A Foundation for Future Problem-Solving.

How is mediation successful?

Two key traits for successful mediation are lucidity and honesty when presenting the facts. When honest information is exchanged between the two parties, there is less bitterness and paranoia among the participants. Withholding certain information is usually counter-productive and may even weaken the case.

What are the 4 Cs of mediation?

The Four “C's” of Mediation: Candor, Cooperation, Creativity and Courage (from Judge Rosen) – MEDIATBANKRY.

What are the 4 conditions of mediation?

These models test the four conditions of mediation: (1) the predictor variable (Age) must significantly predict the outcome variable (Gossip) in model 1; (2) the predictor variable (Age) must significantly predict the mediator (Mate_Value) in model 2; (3) the mediator (Mate_Value) must significantly predict the outcome ...

What is the 3 stage process of mediation?

The functional stages of the mediation process are: 1). Introduction and opening statement 2). Joint Session 3). Separate Session (s) 4).

What are the six techniques for mediation?

What to expect from first mediation?

The first session is an educational process.It is probably the only session in which the mediator does most of the talking. It is essential to understand that mediation is not therapy and it is not litigation. There is no fault or blame placed on either party.

How does mediation resolve conflict?

Mediation is a process of negotiation where parties in a dispute meet to confidentially discuss their matter with an independent mediator. The mediator will not make a decision. They will assist in identifying and exploring options for a resolution, helping the parties to reach their own agreement.

What is the hardest part of mediation?

Unlike litigation or arbitration, the process is not adversarial. It is not necessary to prove that one party is at fault. The most difficult part of the mediation process is to get people to accept that mediation can be an effective way to resolve their dispute.

What are the five qualities of an effective mediation process?

The most successful mediators are empathetic, non-judgemental, have patience and persistence, are optimistic, trustworthy, sharp minded and creative and that they have a good common sense and a good sense of humour.

What is the most common form of mediation?

The most common type of mediation is facilitative. Facilitative mediation is a middle ground between the extremes of evaluative and transformative mediation. While the facilitative mediator maintains control of the process, both parties have control of the outcome.

What are the 5 desired key attributes sought in a mediator?

What are 3 benefits of mediation?

What are the common mistakes in mediation?

What is a good example of mediation?

Example #1

A dispute over a loan default between a bank and a customer: The bank and the consumer may utilize mediation to resolve the loan repayment issue. The mediator may employ an evaluative strategy, examining the strengths and weaknesses of each party's case and giving settlement recommendations.

What to say and what not to say in mediation?

Don't Be Angry.

Don't raise your voice or say swear words during the process. Instead, work on regulating your own emotions. It's okay to express your emotions constructively, but too much anger during mediation can certainly get you in trouble.

What two skills do effective mediators share?

Composite skills enable a mediator to "hold two realities" include: active listening, empathy (the ability to show parties that you understand their interests and concerns - through sympathetic explorations of issues, body language, repeating back, etc.) and reframing the problem.