"Mediation":
The Dictionary meaning.
mediation |ˌmēdēˈāSHən|
In strict legal terms Mediation is one of the "Alternative Dispute Resolution" Technique.
disputes do not come under the purview of Mediation but, 75-80% of the cases can be solved easily through the technique of mediation.
If we look at many of the cases filed in courts they could be easily resolved by simply sitting across the table. Since, they has been filed the prescribed procedure has to take its course. It is also that that is the only option available to the citizens. Many a case is filed for revenge or in a rage, many a party regret having filed after a certain lapse of time and loosing money. The procedures of the common law simply do not allow for a communication between parties. The parties even forget the nuances of a case as it proceeds.
For example, a case filed by a neighbor where the plaintiff did not want the defendant who was constructing a house to have windows facing his own house windows for privacy. As the parties did not communicate well on this issue a case resulted. The construction of the house was stalled owing to an injunction order passed by the court.
When the matter came up for hearing again the judge saw that there was a scope for the matter to be settled . He asked both the parties to go for Mediation.
At the mediation centre the parties sat before the neutral mediator and talked the issue without any harsh words. The plaintiff expressed his concern of privacy and the defendant said that he had no problem in getting the windows shifted away from the plaintiff's windows.
As the mediation agreement was getting ready the warring parties actually got to know each other well and parted as friends.
The Mediation turned into a boon for what would have been a matter dragging in courts for a few years.
Mediation is basically just a form of facilitated negotiation. The mediator's role is to act as a neutral third umpire to help each party identify his/her/its principal interests, and find ways that each party can get what it really wants/needs out of the process.
"Mediation can prevent or resolve litigation, because it promotes settlement, but if at the end of a mediation there is no agreement, that dispute doesn't just evaporate into the ether. The next step, naturally, is to submit the dispute for adjudication, either by a private arbitrator or by a court."
Also, A Mediation works best when the two parties are of approximately equal leverage and bargaining power, and ideally when the parties need to maintain an ongoing relationship. The former is almost never and the latter is not always the case when a dispute occurs."
says Stephanie Vardavas,
Attorney, mediator/arbitrator, product safety consultant in www.quora.com.
The Dictionary meaning.
mediation |ˌmēdēˈāSHən|
noun
intervention in a dispute in order to resolve it; arbitration: the parties have sought mediation and it has failed.
• intervention in a process or relationship; intercession: they are offering sacrifice and mediation between God and man.
DERIVATIVES
mediational adjective
The Thesaurus, says, the noun Mediation is ,
mediation between victims and offenders: arbitration, conciliation, reconciliation, intervention, intercession, good offices; negotiation, shuttle diplomacy.
disputes do not come under the purview of Mediation but, 75-80% of the cases can be solved easily through the technique of mediation.
If we look at many of the cases filed in courts they could be easily resolved by simply sitting across the table. Since, they has been filed the prescribed procedure has to take its course. It is also that that is the only option available to the citizens. Many a case is filed for revenge or in a rage, many a party regret having filed after a certain lapse of time and loosing money. The procedures of the common law simply do not allow for a communication between parties. The parties even forget the nuances of a case as it proceeds.
For example, a case filed by a neighbor where the plaintiff did not want the defendant who was constructing a house to have windows facing his own house windows for privacy. As the parties did not communicate well on this issue a case resulted. The construction of the house was stalled owing to an injunction order passed by the court.
When the matter came up for hearing again the judge saw that there was a scope for the matter to be settled . He asked both the parties to go for Mediation.
At the mediation centre the parties sat before the neutral mediator and talked the issue without any harsh words. The plaintiff expressed his concern of privacy and the defendant said that he had no problem in getting the windows shifted away from the plaintiff's windows.
As the mediation agreement was getting ready the warring parties actually got to know each other well and parted as friends.
The Mediation turned into a boon for what would have been a matter dragging in courts for a few years.
Mediation is basically just a form of facilitated negotiation. The mediator's role is to act as a neutral third umpire to help each party identify his/her/its principal interests, and find ways that each party can get what it really wants/needs out of the process.
"Mediation can prevent or resolve litigation, because it promotes settlement, but if at the end of a mediation there is no agreement, that dispute doesn't just evaporate into the ether. The next step, naturally, is to submit the dispute for adjudication, either by a private arbitrator or by a court."
Also, A Mediation works best when the two parties are of approximately equal leverage and bargaining power, and ideally when the parties need to maintain an ongoing relationship. The former is almost never and the latter is not always the case when a dispute occurs."
says Stephanie Vardavas,
Attorney, mediator/arbitrator, product safety consultant in www.quora.com.
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