Mediation as a Way to Solve Every Dispute

12/08/2016 02:30:00 pm Sylwia Angelika Heller 0 Comments

Mediation is a process by which a third party acts as a messanger between the parties to assist them in resolving their dispute. The mediator is such a messanger who tries to help them to create a solution.

The parties do not have to meet in person which makes it easier to solve a problem. In such situations the mediator will pass on the offers, counter-offers and general comments between the parties. If the parties to a dispute decide to meet, mediation will take place in a private and neutral setting. The mediator will also  remain neutral. But, it is disadvantageous that he does not suggest any solutions to the problem and he cannot force settlement on the parties. Mediators may be selected from mediation bodies such as the Centre for Dispute Resolution.

One can find it surprising that witnesses are involved in mediation. Each party may also be legally represented. But, it will increase the costs.

If no agreement is reached the matter may be taken to a court or to a tribunal. The mediation may cover disputes over children, property and finance. Sometimes mediators even try to resolve neighbour disputes over noise and boundaries.

However, there are certain disadvantages of using mediation. One of them is that mediator is looking for a solution but he cannot give legal advice. Besides, if mediation fails the fees incurred will be lost. Additionally, mediation can only work if both parties wish to participate in it. So, you cannot be certain of getting a result because settlement is voluntary. Therefore, the parties have to agree to resolve the matter.

There is also often an inbalance of power between the parties involved. So, it is possible that one of the parties will be legally represented while the other will represent its own interests to reduce the costs of mediation.

Image Source: http://www.nebraskamediationcenter.com/images/mediator.jpg

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