“Mediation is the process by which the participants, together with the assistance of a neutral person or persons, systematically isolate disputed issues in order to develop options, consider alternatives, and reach a consensual settlement that will accommodate their needs.” — Folberg and Taylor
Furthermore, mediation is a process of dispute resolution in which the disputants meet the mediator to talk over and then attempt to settle their differences — to assist the parties to reach an outcome to which each of them can assent.
What the mediator does
The mediator brings clarity to the situation by identifying and defining which matters do or do not require decisions to be made; overcoming or reducing communication problems between the parties so that they can clearly perceive and understand what each other means and feels; and identifying and acknowledging the various parties’ needs and interests, whether substantive, procedural or psychological.
The mediator promotes constructive and efficient negotiations which focus predominantly on the parties’ needs and interests, and which broaden the search for options and settlement alternatives.
The mediator reduces anxiety and the other negative effects of the problem situation, and seeks to be empowering for the parties, so that informed and rational decision-making can take place.
Finally, the mediator encourages the parties to take charge of their own decisions and to accept responsibility for the consequences of those decisions; reduces tension and improves — or at least does not lead to a deterioration in — relationships between the parties; and provides the parties with a model, and some skills and techniques, for future decision-making without third-party assistance.
