Mediation is a process of third-party involvement in a dispute. A mediator cannot impose an outcome but rather assists the disputing parties in reaching their own agreement. Mediation can be used in a wide range of disputes, including labor disputes, public policy disputes, disagreements among nations, family disputes, and neighborhood and community quarrels. According to research, about 80% of dispute mediations lead to resolution.

A mediator must be able to command trust and confidence by building a rapport with the parties in the mediation process. Opponents must feel their interests are truly understood, because only then can a mediator reframe problems and float creative solutions.

As compared with other forms of dispute resolution, mediation can have an informal, improvisational feel. It can include some or all of the following mediation techniques for conflict resolution:

Planning: Before the process begins, the mediator helps the parties decide where they should meet and who should be present.

Joint discussion: After each side presents its opening remarks, the mediator and the disputants are free to ask questions with the goal of arriving at a better understanding of each party’s needs and concerns.

Caucuses: If emotions run high during a joint session, the mediator might split the two sides into separate rooms for private meetings, or caucuses.

Negotiation: At this point, it’s time to begin formulating ideas and proposals that meet each party’s core interests—familiar ground for any experienced negotiator. A mediator can lead the negotiation with all parties in the same room, or may engage in “shuttle diplomacy,” moving back and forth between the teams, gathering ideas, proposals, and counterproposals.

These and other techniques and strategies are discussed in articles available at PON.

Download this FREE special report, Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts, to discover mediation techniques for selecting the right mediator, understand the mediation process and learn how to engage the mediator to ensure a good outcome from the Program on Negotiation at Harvard Law School.

Mediation Used in Dispute Resolution Over Art Museums

Katie Shonk   •  10/04/2016   •  Filed in Mediation

When partners are negotiating a new business deal, overconfidence can lead them to overlook the possibility that the business will fail or otherwise struggle. Wise negotiators envision not only the best-case scenario, but the worst-case scenario, and prepare for it before signing on the dotted line. … Read More 

Mediation: Sitting Down at the Table

PON Staff   •  09/20/2016   •  Filed in Mediation

One of the central skills of a mediator is the ability to solve problems. And while problem solving skills may lead to successfully negotiated agreements between disputing parties, an effective mediator also has to get each side to agree to sit down at the bargaining table in the first place. … Read More 

Arbitration vs Mediation: Teambuilding, ADR, and Using Negotiation Examples from Real Life

PON Staff   •  09/08/2016   •  Filed in Mediation

During his years as George H.W. Bush’s Secretary of State, one of James A. Baker, III’s, goals was to encourage the free-market reforms that Communist Party of the Soviet Union General Secretary Mikhail Gorbachev had launched in the late 1980s. One day during his tenure, a high-level Bush administration official commented in the press that … Read More 

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