Mediation is a process where a neutral or impartial person – the Mediator – helps two or more parties to resolve a dispute. The Mediator is known as a third party which means he or she has no other interest in the dispute. The dispute could be about anything and may or may not involve lawyers and legal proceedings.
Is mediation like negotiation?
Mediation is one way of negotiating. There are (at least) two sides in dispute. They are trying to negotiate a solution. Mediation just means that they have invited someone skilled in helping parties find solutions to assist them on this occasion. Mediation is assisted negotiation.
Do Mediators act as Judges?
Like many mediators I have a legal background, I was a Solicitor for 18 years. However, when I am mediating I am performing an entirely different role. The mediator never makes a judgment on a dispute. The mediator’s role is not to decide if one side is right and one side is wrong. Instead he or she aims to help the parties create or find their own solution to which each side can agree.
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