Mediation

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 the Program on Negotiation.

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Managing Faultlines in Group Negotiations

PON Staff   •  04/23/2018   •  Filed in Mediation

Group negotiations are a fact of managerial life, yet the outcomes of teamwork are highly unpredictable. Sometimes groups cohere, reaching novel solutions to nagging problems, and sometimes infighting causes them to collapse. How can you predict when conflict will emerge in groups, and what can you do to stop it?

Dora Lau of the Chinese University … Read Managing Faultlines in Group Negotiations

Arbitration vs Mediation: Using Teambuilding and ADR in Negotiation

PON Staff   •  04/18/2017   •  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 … Learn More About This Program

Mediating Better Community Relations in New Orleans

PON Staff   •  01/12/2017   •  Filed in Mediation

On May 14, Susan Hutson, the independent police monitor for the city of New Orleans brought together community stakeholders and police officials to help formulate a program that would allow police officers and citizens to mediate minor disagreements, the New Orleans Times-Picayune reports. Aided by a professional mediator, citizens and officers would sit face to … Learn More About This Program

Capture the Best of Mediation and Arbitration

PON Staff   •  12/12/2016   •  Filed in Mediation

The problem: You’re not sure which of the two most common dispute-resolution processes, mediation or arbitration, to use to resolve your conflict. Mediation is appealing because it would allow you to reach a collaborative settlement, but you’re worried it could end in impasse. You know that arbitration would wrap up your dispute conclusively, but it … Read Capture the Best of Mediation and Arbitration

A Closer Look at Court-Sponsored Mediation

PON Staff   •  11/21/2016   •  Filed in Mediation

No one likes to go to court. Not only is it expensive and time-consuming, it often leads to frustrating results and damaged relationships. So is court-sponsored mediation a better route?

The answer is “sometimes,” according to a comprehensive survey of court-affiliated mediation programs by Roselle L. Wissler of Arizona State University’s College of Law in Tempe. … Read A Closer Look at Court-Sponsored Mediation

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