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. |