What Is Mediation?

In mediation, the parties to facilitate a neutral third party, the mediator, to work with to resolve their dispute agree. The main difference between negotiation and mediation in the talks, working directly with the other parties, while parties in arbitration with the mediator to facilitate the settlement work.

Here are some of the characteristics of mediation.

1. Parties to work with a facilitator or mediator to resolve a dispute agree.

2. A mediator is not a ruling like a judge or mediator.

3. If mediation is voluntary, either party may choose to stop at any time.

4. Neutral and impartial mediator and does not represent the interests of either party.

5. Both parties to a mediator, or individually a party, a caucus with a joint session, can get along with. In the caucus meeting, the moderator for what is said is confidential, unless the party agrees that the information can be shared.

6. A mediator can be used when direct negotiations may fail.

7. A mediator can be used when the parties may not like each other.

8. An intermediary between the parties to the disagreement or conflict may be able to relax.

9. Play devil's advocate or intermediary parties can provide a reality check.

10. Mediation is not therapy.

11. If the case can not be resolved through mediation, the parties may try to mediate.

What are the differences between mediation and negotiation?

Negotiation: the parties to work with each other to resolve a dispute agree.

Mediation: a feature or mediator for the parties to work together to resolve a dispute agree.

Negotiation: parties always meet with each other.

Mediation: A mediator meet with both parties may jointly or individually to meet with the party which is called a caucus.

Negotiation: the parties can bind themselves to an agreement.

Mediation: Mediator has no decision making authority and can not bind parties. A mediator does not make the ruling as a judge or arbitrator.

Negotiation: parties negotiate their own interests.

Mediation: Mediator is neutral and fair and do not represent the interests of either party.

Negotiation: the parties to use persuasion to get the other party agrees with them

Mediation: can play devil's advocate or provide a reality check to the parties, but parties to the mediator to convince the mediator role.

Interaction: Some negotiations fail because the parties can not work with each other.

Mediation: a third party like a mediator because the parties could be used.

Interaction: Some negotiations fail because the parties have too many conflicts.

Mediation: A mediator can defuse conflicts or disagreements.

Interaction: Some negotiations as union negotiations are not voluntary.

Mediation: Mediation is voluntary and any party may choose to stop at any time.

Negotiation: the parties can not agree, they reach an impasse or stalemate.

Mediation: When negotiations reach an impasse, the parties may try to mediate.

Mediation: When mediation reaches an impasse, the parties may try to mediate.



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