Mediation

Mediation, a party driven form of alternative Alternate Ddispute Rresolution, is one of the most productive forms of ADR . It takes cases out of the courtroom and returns them to the parties involved in the case. It allows for building solutions, sometimes from multiple solutions, so the parties both come out with fair and equitable outcomes. This is a win/win type of dispute resolution.

Conflict Resolution and ADR

Conflict resolution is a field of study that encompasses such areas as peacekeeping, legal matters, family and business interventions, and methods used by law enforcement and others to find peaceful solutions. As a field, it is relatively new and expanding. Alternative Dispute Resolution (ADR) is only a part of the field, but its uses quite often mitigate expenses in legal matters. It also helps to divert lawsuits and complaints to ADR because it helps courts move on to matters that are more important. It helps free up schedules for courts and judges and makes dispute resolution more personal. In areas such as peacekeeping, the dispute resolution is not personal or aimed at the people as much as the government and other large groups in disputes. Mediation is part of a process to make people more accountable for their disputes while, hopefully, teaching them how to resolve disputes through communication, the basis of all mediation.

Mediation

Mediation as it is practiced today is relatively new. Before 1965, the practice of mediation was limited to labor disputes. Soon community leaders and the justice system realized its value for resolution of many types of disputes (Barach Bush, Folger, 2004). Mediation is important for those in conflict. Every side is heard and every side is given the opportunity to offer solutions, work on solutions, and help find the best solutions for all involved. It is empowering to everyone.

Mediation helps those in divorces, business, rental/tenant disputes, and as a dispute resolution method in schools and businesses between people. The peer mediations set up for conflict resolution use the third party system to gain trust and resolution at the same time. Mediators guide, not participate in storytelling and problem solving. Only one type will involve the mediator, Narrative, in the mediation. Only one type of mediation involves the mediator in the process: narrative mediation. It Mediation truly helps those who are struggling to find solutions to conflict.

There are three major types of mediation, each with a purpose:. There are also variations that can be used to address different situations. Some mediation methods are process and some are to maintain or rebuild relationships. The final one is to reframe a problem from a more neutral point of view and is the only method where mediator input is allowed. There are three major types of mediation:

Process mediation uses mediation to resolve a dispute without emphasis on the people, only the issues and solution.
Transformative mediation uses mediation not only to resolve disputes, but also to repair relationships or make relationships stronger.
Narrative mediation uses reframing of the story to create a single story of the dispute in a more neutral tone.

Knowing and understanding not only the method process, but also the actual steps in creating a successful mediation under each type, can help understand conflict resolution.

For practitioners, this book provides some basic steps to each form of mediation. For students, it helps identify the different types of mediation, their similarities, and their differences. It also allows students to view the methodology to verify this as an acceptable form for dispute resolution in a case they may be working on or an assignment description.