WHAT IS MEDIATION?
Mediation is a voluntary process whereby the parties to a dispute make use of a neutral third party to assist them in resolving their dispute.
TWO ASPECTS OF MEDIATION:
- that it is a voluntary process
- that the parties make use of a neutral third party.
- VOLUNTARY PROCESS:
-the parties are not forced into taking part and can withdraw at any stage.
-the parties are also not obliged to agree to a solution.
- NEUTRAL THIRD PARTY:
-the neutrality of a mediator is not absolute, but a matter of degree.
-mediators also have their own indirect interests in the mediation process as the success rates of mediations in which they are involved in might impact their reputation, self-esteem and future custom.
TYPES OF MEDIATIONS:
- Facilitative mediation
- Settlement mediation
- Evaluative mediation
- Transformative mediation
- FACILITATIVE MEDIATION:
-the mediator structures the process to assist the parties in reaching a mutually agreeable solution.
-the mediator does not make any recommendations or give advice to the parties unless requested.
-it focuses on the interests and needs of the parties, and they are in control of the outcome.
- SETTLEMENT MEDIATION:
-focuses on the positions of the parties.
-the mediator encourages the parties to use incremental bargaining towards a compromise.
-the mediator determines the parties’ bottom lines and persuades them to compromise their positions towards a compromise.
- EVALUATIVE MEDIATION:
-the mediator assists the parties by pointing out the weaknesses in their cases and might make formal or informal recommendations to the parties.
- TRANSFORMATIVE MEDIATION:
-is therapeutic and attempts to reconcile the underlying causes of the conflict.
-it focuses on the behaviours, emotions and the relations of the parties.
AIM is to reconcile the parties and repair their relationship.
OTHER USES OF MEDIATION:
- Defining Disputes (SCOOPING)
- Managing Conflicts
- Negotiating Contracts (TRANSACTIONAL MEDIATION)
- Formulating Policy
- DEFINING DISPUTES (SCOOPING):
-it is used to define which issues are in dispute and which are not before referring the matter to other methods of dispute resolution.
- MANAGING CONFLICTS:
can be used to establish the appropriate rules, structures and processes for the parties to use in their communication and interaction while attempting to resolve their differences.
- NEGOTIATING CONTRACTS (TRANSACTIONAL MEDIATION):
-it assists the parties in identifying interests and priorities, improving communication, and formulating proposals
- FORMULATING POLICY:
where a public authority is required to determine rules or policy, it can use mediation to ask the affected and interested parties to participate in the process.
ADVANTAGES OF MEDIATION:
- confidentiality
-cost-saving - timesaving
- preservation of relationships
- creative solutions
- procedural flexibility
- future focus
- self determination
