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  • Adr Introduction

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    Mediation is a process in which a neutral third party assists disputing parties to voluntarily reach a negotiated settlement. The mediator facilitates communication between parties but cannot impose a decision. There are different types of mediation based on objectives, such as evaluative, facilitative, therapeutic, and transformative mediation. Key characteristics of mediation are that it is voluntary, private, allows parties to be self-determining, and focuses on creating practical solutions for the future without prejudice to other dispute processes. The role of the mediator is to facilitate problem-solving, encourage information sharing, help parties understand different perspectives, and assist in developing and evaluating settlement options.

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    Adr Introduction

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    Mediation is a process in which a neutral third party assists disputing parties to voluntarily reach a negotiated settlement. The mediator facilitates communication between parties but cannot impose a decision. There are different types of mediation based on objectives, such as evaluative, facilitative, therapeutic, and transformative mediation. Key characteristics of mediation are that it is voluntary, private, allows parties to be self-determining, and focuses on creating practical solutions for the future without prejudice to other dispute processes. The role of the mediator is to facilitate problem-solving, encourage information sharing, help parties understand different perspectives, and assist in developing and evaluating settlement options.

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    32 tayangan3 halaman

    Adr Introduction

    Diunggah oleh

    composiacredula4444
    Mediation is a process in which a neutral third party assists disputing parties to voluntarily reach a negotiated settlement. The mediator facilitates communication between parties but cannot impose a decision. There are different types of mediation based on objectives, such as evaluative, facilitative, therapeutic, and transformative mediation. Key characteristics of mediation are that it is voluntary, private, allows parties to be self-determining, and focuses on creating practical solutions for the future without prejudice to other dispute processes. The role of the mediator is to facilitate problem-solving, encourage information sharing, help parties understand different perspectives, and assist in developing and evaluating settlement options.

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    BLANEY McMURTRY LLP

    ALTERNATIVE DISPUTE RESOLUTION

    AN INTRODUCTION TO MEDIATION

    An Introduction to Mediation
    A.

    DEFINITION

    In its simplest form, mediation is a process in which a neutral third party assists disputants to reach a
    voluntary, negotiated settlement of the issues in dispute. The mediator facilitates communication between
    disputants so they can more clearly understand their differences and craft a mutually acceptable settlement,
    but has no power to impose a decision upon the parties.

    B. TYPES OF MEDIATION

    Mediation can have different objectives and can take a number of forms.
    Some forms of mediation have been described from the perspective of the objectives they seek to attain:

    Evaluative mediation: The mediator evaluates the claims or rights of the parties having regard to the
    applicable legal rules.

    Facilitative or problem-solving mediation: The mediator helps the disputants to resolve their
    differences by facilitating communication and the search for creative (mutual gain) solutions.

    Therapeutic mediation: The mediator helps parties "heal the hurt" caused by disputes and may
    facilitate a "reconciliation" between the disputants.

    Transformative mediation: The objective of mediation is to transform the disputants, both


    individually and in relation to one another through "empowerment" (disputants improve or learn
    new skills to resolve their own disputes) and "recognition" (understanding the other side's
    perspective, thereby creating "empathy" for the other).

    C.

    CHARACTERISTICS OF MEDIATION

    __________________________________________________________
    BY: ALVA ORLANDO

    416.593.3980

    AORLANDO@BLANEY.COM

    BLANEY McMURTRY LLP

    ALTERNATIVE DISPUTE RESOLUTION

    Voluntary - right to terminate

    Private and confidential

    Assisted or facilitated negotiation

    Flexible (relatively unstructured)

    Self-determining

    Creative and practical

    Future focussed

    Without prejudice to participation in other processes

    D.

    AN INTRODUCTION TO MEDIATION

    ROLE OF THE MEDIATOR

    Although mediators may have different styles of mediating, their roles commonly include:

    1.
    Setting the tone for joint problem-solving by establishing and maintaining a rational and productive
    atmosphere for negotiation.

    2.

    Encouraging full disclosure of information.

    3.
    Assisting the parties to understand each others perspectives (needs, concerns, values, fears) and
    trying to build empathy between the parties.

    __________________________________________________________
    BY: ALVA ORLANDO

    416.593.3980

    AORLANDO@BLANEY.COM

    BLANEY McMURTRY LLP

    ALTERNATIVE DISPUTE RESOLUTION

    AN INTRODUCTION TO MEDIATION

    4.
    Facilitating communication between the parties by keeping the discussions civil; allowing parties
    to vent if appropriate; taking the sting out of loaded or angry
    statements by, for example, reframing
    them in neutral way or in a way which reveals the underlying interest.

    5.
    Maintaining balance in the process by ensuring that the parties have an equal
    speak.

    opportunity

    6.

    discrepancies.

    Identifying and seeking clarification of misunderstandings, assumptions, and

    to

    7.
    Probing for interests underlying positions taken by the parties in order to expand the opportunity for
    creative solutions.

    8.

    Assisting parties to identify common interests.

    9.

    Assisting the parties to explore and assess their alternatives to a negotiated resolution.

    10.
    Acting as a reality check by challenging parties on their positions (usually in caucus) and by
    reminding them of the costs of not settling.

    11.
    Assisting the parties to generate options for settlement and to develop criteria by
    evaluate those options.

    which

    to

    12.
    Assisting the parties to evaluate the advantages and disadvantages of each option and encouraging
    the selection of an option which maximizes satisfaction
    of both of their interests.

    13.

    Keeping the parties focused on the future and their goal of resolving the dispute.

    14.
    Maintaining optimism that an agreement can be reached and sustaining
    parties achieve resolution.

    __________________________________________________________
    BY: ALVA ORLANDO

    416.593.3980

    AORLANDO@BLANEY.COM

    commitment

    to

    assist

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