Disadvantages Of Mediation As A Form Of Mediation

Mediation is a flexible process and is a form of Alternative Dispute Resolution. It has many advantages, such as allowing parties to improve communication, and assisting in decision-making and problem-solving by the parties themselves. It is also a beneficial form of dispute resolution as it is intended to be an empowering process, founded on respect, the need to recognise parties’ emotions, and to allow for exploration of ideas between the parties. It is an impartial, non-judgemental, and confidential process where the parties work together alongside a mediator to come to a voluntary settlement. This encourages the parties to cooperate with one another to reach a mutual agreement, rather than to attend court and have a decision made for them,

This is an ongoing issue. If the imbalance is not addressed, then this can lead to a lack of fairness, and an outcome that is potentially detrimental to one of the parties. In relation to this, Astor commented on the fact that mediation takes place in a private environment, and does not need to refer to the law throughout the mediation process. She states that because of this, we need to take extra steps to ensure the protection of the more vulnerable party from any forms of exploitation. In doing this, Astor states that it is necessary to “abandon the grand theory” of a mediator maintaining their neutrality. She explains that the focus of mediation should be on what the mediator is doing to ensure that the parties are equally in control of the discussions and decisions between them. If this occurs, and the mediator ensures that the parties are fully in control of both the process and its’ outcome, then this means both parties can make any comments or decisions without pressure from intimidation or coercion. Astor states that if neutrality by the mediator is understood like this, then addressing the power imbalances between the parties becomes a higher priority during the mediation process. Davis and Salem note that many ‘commentators’ have discussed different ways to address the imbalance

The mediator may also indicate to them any information that they may need to assist their decision making. Enforcing ground rules for both parties to abide by assists in reinforcing the role of the mediator as being a neutral third party. The mediator may also assist by improving the communication between the parties; this can be by asking specific questions, paraphrasing, and by summarising what the parties have previously said. The mediator may also use any discussions between the parties’ as a reminder; he or she may remind the parties that they are at the mediation because they want to come to a mutual, beneficial agreement, and that there are options available to the parties. This may also help either of the parties’ to identify their concerns or their interests in the dispute. Another option for mediators is to use the private session between the mediator and individual parties. This gives the mediator the chance to speak privately with each party, and can be extremely useful if a party has information they do not want to discuss in front of the other party to the dispute. The mediator may also use the private sessions to assess whether the parties have sufficient knowledge to negotiate an agreement, and provide the parties with a reality check if needed in relation to some of the options that have been raised throughout the