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What is mediation?
Mediation is a way of talking constructively about the issues in
a dispute. The parties define the problem and develop their own
solutions. A neutral facilitator keeps the discussion fail, balanced, and productive.
When the parties resolve the
problem to their own satisfaction, they all become winners.
Uses. Mediation can be used to:
▪ Reconcile policy
differences early in policy development;
▪ Build partnerships
among diverse groups or agencies;
▪ Strengthen collaboration on
important projects;
▪ Coordinate responsibilities and resources for project
implementation;
▪ Narrow the issues in dispute;
▪
Resolve simple and complex matters involving many parties
and issues;
▪ Fashion flexible solutions to vexing problems; and
▪ Avoid costly, lengthy administrative procedures or litigation.
Characteristics. Mediation is:
▪ Voluntary.
The parties determine whether they wish to use
mediation to resolve
a dispute. They can opt of the process
if desired and try
another means of dispute resolution,
including litigation.
▪ Nonjudgmental.
Solving the problem at hand, rather than
finding fault, is mediation's
goal. The neutral facilitator
encourages the parties to
discuss their needs and interests,
and how they can best be met.
▪ To the point.
The parties may discuss issues that courts
cannot address and devise
remedies that courts cannot
provide. These may involve such things as making policy
changes,
altering working relationships, or offering alternative
forms of payment
for a product.
▪ Confidential.
Discussions during mediation cannot be used
in court. This
encourages candor in the interest of resolution.
▪ Final.
Once the parties reach an agreement, they sign a
document that becomes
enforceable in court.
▪ Party-driven. The parties control the outcome.
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