Mediation is a process that
turns problems into solutions, solutions into action and action into progress.
And in the words of Albert Einstein "You cannot solve a problem in the same
level that it was created. You must rise above it to the next level."
Besides creating a settlement benefiting both parties, mediation is a positive
approach to working things out, giving each party the opportunity to rise above
their differences to a level of understanding and growth that puts
relationships first.
Mediation:
1. soothes strained relationships
and enhances future interaction
2. gives individuals control and
satisfaction over their outcomes
3. saves time and money
4. gives each
party an equal voice
5. is confidential
6. avoids costly litigation
7. creates understanding and peace
There are many ways to resolve conflicts. You can give
in, run away, overpower your opponent, be violent, file a lawsuit, or find away
to work it out. Alternative Dispute Resolution (ADR), also referred to as
conflict resolution, offers options of working it out other than using violence
or going to court. ADR refers to a wide range of processes that encourage
nonviolent dispute resolution outside of the traditional court system. Common
benefits of conflict resolution include:
Negotiation: a
discussion among two or more people with the goal of reaching an agreement.
Mediation: a voluntary and confidential process in which a
neutral third-party facilitator helps people discuss difficult issues and
negotiates an agreement. The basic steps in the process include, gathering
information, developing options, negotiating, and formulating agreements.
Parties in mediation create their own solutions with the help of the mediator.
The mediator does not have any decision-making power over the outcome.
Arbitration: a process in which a neutral third-party, after reviewing
evidence and listening to arguments from both sides, renders a decision to
settle the case. Arbitration is often used in commercial and labor/management
disputes.
Mediation-Arbitration: a combination of both
mediation and arbitration. Prior to the session, the disputing parties agree to
try mediation first, but give the neutral third party the authority to make a
decision if mediation is not successful.
Community
Conferencing: a structured conversation involving all members of a
community (offenders, victims, family, friends, etc.) who have been affected by
a dispute or a crime. Using a script, the facilitator invites people to express
how they were affected and how they wish to address and repair the harm that
resulted.
Collaborative Law: a process for solving disputes in
which the attorneys commit to reaching a settlement without using litigation.
Negotiated Rulemaking: a collaborative process in which
government agencies seek input from a variety of stakeholders before issuing a
new rule.
Peer Mediation: refers to a process in which students
act as mediators to help resolve disputes among their peers. The student
mediators are trained and supervised by a teacher or other adult. The students
learn to resolve their differences without violence and they become empowered
through their choices.
Call (919) 362-7133 or email marilyn@powerofdialogue.com for a complimentary session.
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