Find the Five Important Steps of Mediation Process

Unlike taking a dispute to court, when two parties take their disagreement to a mediator the process of coming to an agreement does not need to be extremely rigid and formal. On the contrary, since the philosophy behind the mediation procedure is based on helping parties work out their differences without the need for a third party to make a decision, there is a relatively large amount of flexibility built into the system.

Indeed meditation is a particularly flexible process, but there remains a necessary element of structure in order to define the direction of the discussions. Without enough structure, opposing parties can easily get carried away with arguments over issues that may distract them from cooperating. Here is a typical breakdown of the mediation process.

1) Mediator Introduces the Process to Both Parties- The mediation introduction is more than just an ice-breaker, and at no point does everybody go around the table and say "if I were an animal the animal I would be is a..." Rather the mediator's job in the introduction is to explain to everyone the Mediation Process ,and how they are expected to act during the process. For example, there are certain stages in the process where everyone is expected to listen quietly to the other party without interrupting, it is important to establish rules such as this from the beginning.

2) Statements- If you are thinking about hiring a mediator than this is probably the stage that you will most look forward to. Here you, and the other party, present your case in your own words and from your own perspectives. There is nothing to be nervous about here, but it is important to present your case accurately in order that you don't carelessly misdefine the issues.

3) Discussion- Now that everyone has had a chance to present their perspective, a (hopefully) cordial and solution-focused discussion takes place. Here it is the mediator's job to keep the direction of the discussions directed towards finding an agreement. If this stage goes very well it is sometimes possible to come to a final agreement right in the discussion stage, thereby skipping the next two steps.

4) Private Caucus- Once everyone has gotten a chance to hash out the crux of the issues, it is time for the mediator to meet with each party individually. During the individual meetings, the parties are able to discuss with the mediator how strong their case is and what they really have the right to expect during negotiations.

5) Negotiations- Just like it sounds, the negotiations are the final stage of discussion before signing on the bottom line to make an agreement.

6) Closure- Although ending the mediation relationship is not as heart-wrenching as breaking off a beloved relationship with a loved one, it does require closure. There are basically two ways that a mediation procedure can end, or "close." One way that a mediated relationship can end is with an agreement, which is the optimal ending. It is usually a good idea to take a copy of the final agreement to check it out with a lawyer before signing.

But some mediation cases do not end in an agreement that everyone is willing to sign. In such a case, the mediator will close with a statement as to the progress that the parties have made thus far. Further, the mediator will present to the two parties possibilities of where to go in the next steps towards resolving their dispute. The mediator may recommend another form of alternative dispute resolution (ADR) called arbitration or perhaps going straight to trial court.

The structure built into the mediation process focuses all parties towards a solution, while the flexibility allows for more creative and cooperative discussion.

Litigation versus Mediation in Boundary Disputes!

If you and your neighbor have boundary disputes, there are ways that you can resolve the issue without having to go to court.One of the best ways is to go through mediation.This is a voluntary process that is private and non-binding.The parties involved are encouraged to simply work together in a constructive way in order to resolve the problem. In this process, not only do you resolve the current problems,you also identify key issues and deal with them thus ensuring that in the future the same thing does not arise.The agreement and full participation of all parties is necessary in order to mediation to succeed.

Mediation is something that is promoted and offered by the judiciary.It is considered an alternative to going through the litigation process.Many times, litigation can be expensive, difficult and time consuming and even after the court has made its judgment relationships breakdown and there is plenty of disharmony.Mediators on the other hand tend to be independent and neutral.They are able to facilitate discussion and negotiation in a manner that is non-judgmental.Dispute resolution is achieved when both parties come to an agreement.The parties therefore are in control of the process of mediation as they participate fully in the agreement that will be drawn up for them to sign.

A Closer Look at Litigation Vs Mediation

• Time – Mediation can settle disputes in as little as one day while litigation can take months or even years to resolve the issue.

• Cost – With mediation the costs are controlled and provided up front.With litigation there is potential of uncontrolled costs that can go quite high.

•  Outcome – Mediation looks for a win-win situation.With litigation the outcome is based on what the judge says.

• Control – With mediation both parties remain in complete control of the process.With litigation the court has control.

•  Issues – Mediation will clarify and reduce the issues at hand while litigation can be a very stressful process.

• Solutions – There is flexibility as the parties work out what works for them during mediation.  Litigation on the other hand has constrained solutions because they cannot be created as you go.

Anyone who considers mediation should go into it knowing that the issue is not so much who wins and who loses.It is about looking into all available solutions through mutual respect, understanding and cooperation.Because the mediation process is not constrained in the same way as the litigation process is,innovative ideas to resolve issues can be employed.The idea is to come up with a solution that is win-win for the parties involved and a professional mediator is able to help you achieve that.

Boundary disputes can take a long time to go through the litigation process, the speed availed by mediation is for the benefit of the parties involved.It is also important to remember that the judiciary highly encourages and recommends mediation in order to settle disputes.Many times judges will even put a “stay” on court proceedings until after the parties have gone through mediation and tried to come up with an amicable solution.

The Indirect Relation of Mediation Services with Nation’s Economy

Mediation services seem to play a role in solving or settling disputes only. These services are to deal with the opponent (opposite party) and draw a mutual conclusion and adjustment as a solution for both. It helps in solving the problem, resolving the dispute and settling the matter for the welfare of both the parties. Whether it is a dispute of property, relation, family, neighbor, business, marriage or more, all can be concluded with the help or a good mediation service provider.

It Solves More Than Just Disputes!

Needless to state that mediation services are so requisite for the social / commercial world, and are an active part of the world; but these services also have an indirect relation with the nation’s economy. No doubt, it plays key role in business disputes but also sometimes in the other matters too. Suppose the amenities are to resolve the propertydispute which is between two brothers for a heritage house or a grand land, both the families are indulged in the dispute and take an active part to represent their rage for the matter. In this situation the mediation services not only help the brothers and their families by resolving the dispute, but also it ensures everything to be on the normal track again –post the resolution; this helps both the families to perform better professionally being stress free and relaxed!

Disputes vs Mediation

Mediation supports team work, happiness, contentment and satisfaction in the minds and hearts of the people, leaving them stress free and smart; conversely, the dispute leaves them irritated, fed up, hopeless and inactive in their works and duties which sooner or later would draw an ill impact on their family’s as well as the nation’s economy.

BDRC Also Supports the Fact

This is the reason why the BDRC (Business Dispute Resolution Committee) promotes mediation, as a way of helping businesses breed and boost by encouraging effective business processes; this is not only to prevent and manage disputes in a better way, but also to help reduce business conflicts and thereby reduce the capital as well as time loss. Furthermore, these services free up the owners, shareholders and employees to work together for growth and productivity.

What Can You Do For Yourself And The Nation?

Beyond the mediation services, you too can play an active part in enhancing the country’s economy. How? –By calling the mediation support whenever you or your known ones fall in any dispute this will not only prevent the dispute to take a larger level, but will also support in nation’s economy somewhere down the road!