Every year and perhaps nearly every day we use forms of
mediation to help us navigate our lives. There are a number of ways to approach
conflict management and resolution, which range from least to most coercive.
Conflicts need to be avoided, talked out, negotiated, arbitrated, adjudicated,
resolved by legislation, by political action, or by violent force.
Mediation is the attempt to help parties in a disagreement
to hear one another, to minimize the harm that can come from disagreement (e.g.
hostility or ‘demonizing’ of the other parties) to maximize any area of
agreement, and to find a way of preventing the areas of disagreement from
interfering with the process of seeking a compromise or mutually agreed
outcome.
Mediation, as used in law, is a form of alternative dispute
resolution (ADR), a way of resolving disputes between two or more parties with
concrete effects. Typically, a third party, the mediator, assists the parties
to negotiate a settlement. Disputants may mediate disputes in a variety of
domains, such as commercial, legal, diplomatic, workplace, community and family
matters.
The term "mediation" broadly refers to any
instance in which a third party helps others reach agreement. More
specifically, mediation has a structure, timetable and dynamics that
"ordinary" negotiation lacks. The process is private and
confidential, possibly enforced by law. Participation is typically voluntary.
The mediator acts as a neutral third party and facilitates rather than directs
the process. Mediation is becoming a more peaceful and internationally accepted
solution in order to end conflic. Mediation can be used on every scale of
problems.
Mediators use various techniques to open, or improve,
dialogue and empathy between disputants, aiming to help the parties reach an
agreement. Much depends on the mediator's skill and training.
At WHYmediate?, we can help you with mediation in many
areas. To name just a few of the area we specialize in; prenuptial agreements, annulments,
lgbt divorce, paternity, parenting time, grandparent rights, step parent
adoption and child support.
One of primary advantages of mediation is privacy. While
court hearings are public, mediation remains strictly confidential. No one but
the parties to the dispute and the mediator or mediators know what happened.
Confidentiality in mediation has such importance that in most cases the legal
system cannot force a mediator to testify in court as to the content or
progress of mediation. Many mediators destroy their notes taken during a
mediation once that mediation has finished. The only exceptions to such strict
confidentiality usually involve child abuse or actual or threatened criminal
acts.
At WHYmediate?, Find out if mediation can allow you to resolve
your conflicts in a positive learning environment that covers how to deal with
all the special challenges in your life.
WHYmediate? Mediation Services
4500 South Lakeshore Drive Suite 300
Tempe, AZ 85282
(480) 777-5500
No comments:
Post a Comment