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Mediation
is the process during which an impartial, neutral person,
the mediator, facilitates communication between the parties
in a dispute to assist reconciliation, settlement, or understanding
among them.
Mediation:
- Involves
the individuals in the process.
- Deals
with feelings and issues.
- Is
based on fairness.
- Is
less expensive than litigation.
- Is
less traumatic than a jury trial.
- Is
expedient.
- Is
completely confidential.
The mediator
may suggest ways of resolving the dispute but may not impose
his or her own judgment on the issues or on either of the
parties.
In mediation,
both parties have the opportunity to explain and discuss their
respective sides of the dispute and to pursue options which
may lead to an agreeable settlement for their dispute.
If the
parties cannot reach a settle, they still have the option
of employing every available legal remedy.
CHARACTERISTICS
OF MEDIATION
Mediation and Conciliation differ from all the ADR procedures
in that the mediator does not render his/her opinion or impose
any judgments regarding the merits of either party's respective
case and does not make any decisions regarding the outcome,
settlement or award(s) to be granted.
Mediation
does not assure agreement, but rather assures only a process
that has been proven to lead to effective and highly enforceable
agreements.
Mediation requires that the parties are willing to discuss
their dispute openly and honestly and that they commit themselves
to the process, and to good faith negotiation according to
the rules of the process.
Mediation is intended to :
1) Produce the most favorable result for all parties concerned
in the shortest possible time.
2) With the least possible expenses to the parties and
3) With a minimum amount of stress and trauma to the parties
involved.
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