Mediation is the act of negotiation for an amicable settlement. In mediation, the parties agree on a negotiated settlement or go for another dispute resolution. Unlike other dispute resolution, is not necessarily about a win/win nor is it about lose/lose rather it’s about compromising.
The process of mediation is designed to settle and compromise a dispute. A mediator as a facilitator may be under pressure to come to a settlement so there should be stop gaps put in a place to avoid the pressure. A Mediator makes an emotional decision and justifies it with logic. Emotion is important in Mediation but it is essential that it should be managed. The mindset of handling a family mediation is different from the mindset of handling a commercial mediation.
In a compromise, both parties mutually agree to make concessions. The parties give up some of what they want and neither party receives all of what they want. Both parties end up dissatisfied to some extent, and not necessarily totally happy, even if they may be equally as unhappy.
Although compromise may result in an agreement, the compromise itself may not always resolve the problem.
A mediator has no power to impose a settlement. Mediation allows the parties to look beyond the legal issues and determine their underlying interests in the dispute. It is essential that parties that wish to use mediation must be prepared to compromise. Parties need to understand the need to compromise.
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