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Mediation: an effective route in dispute resolution
Mediation is a form of Alternative Dispute Resolution (ADR). It is a process that helps both parties reach a solution to their problem and to arrive at an outcome that both parties are happy to accept. Mediation is a private and voluntary mechanism used by parties to avoid the costly alternative that is litigation. Any settlement terms reached in a mediation conference can be recorded and signed in an enforceable contract. Mediation is fast becoming the desired route in dispute resolution. This can be seen from the increasing number of Acts that facilitate or compel mediation before litigation.
Mediation over other forms of ADR
ADR encompasses a variety of mechanisms including arbitration, conciliation and negotiation. The key to mediation is that the mediator is not required to have expertise in the field of the dispute such as in conciliation. Further, a mediator does not make a binding order such as an arbitrator but rather guides the parties towards their own settlement agreement. Finally, a mediator does not engage in adversarial negotiations such as a negotiator but independently facilitates the parties to reach their own settlement agreement. These factors allow an accredited mediator to impartially preside over a greater spectrum of disputes.
What is The Role of the Mediator?
CPD Seminars specializes in the training of facilitative mediators. The role of the facilitative mediator is to remain impartial and act as the referee in the mediation conference, and to ensure that the agreed rules of the mediation are followed. The facilitative mediator must avoid taking sides, making judgements or giving guidance. The Mediator is simply responsible for developing effective communications and building consensus between the parties.
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