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Mediation
is a voluntary
form
of dispute resolution designed to help disputants reach their own
mutually acceptable solutions. The mediators work closely with the
parties to identify interests
underlying each
party’s claim
and to
explore possible solutions. More
specifically, mediators facilitate the
parties’ movement from positions to interests, interests to
options,
and options to solutions.
The
mediators do not
have authority to decide
an the outcome for the disputants, although they can be directive in
their
approach, but can assist the parties in identifying options and
alternatives. Assisting parties rarely requires the mediator to
determine exactly what happened between the parties. If the parties
seem overly concerned with the facts or the truth, a mediator might
say: “We’re not here to decide exactly
what happened. We’re not judges.
We’re here to try to help the two of
you reach an agreement
that you
both think is fair."
A mediator’s
neutrality is essential to successful
mediation. The confidence that
parties have in the fairness of the
process and the impartiality of the
mediator can translate directly
into a greater willingness to generate options and
agree on a solution. 360 Enhancers
Corporation as
neutral mediators are more likely to
facilitate agreements defined by
the parties. There are certain kinds of differences that can lend
themselves to agreement: differences in interests, value placed on
time, forecasts, and aversion to risk. Helping the parties to be
specific in these areas can help them come to an agreement.
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