Mediation: An Explanation And Definition Of Mediation

Definition of Mediation

Mediation is in general defined as "the intervention in a standard negotiation or conflict of an acceptable third party who has limited or no authoritative decision-making power but who assists the involved parties in voluntarily reaching a mutually acceptable settlement of issues in dispute."

Mediation codes of ethics generally require mediators to remain impartial and neutral, to avoid conflicts of interest or its appearance, to obtain informed consent for the involvement of the participants, to uphold confidentiality, and to implement the process in a timely fashion.

Initial Contact with Parties

Mediators may enter disputes at the direct request by the parties, referrals, direct initiation by the mediator, or by

"A mediation plan is a projected sequence of procedural steps initiated by the intervenor that will assist negotiators in exploring and reaching an agreement.” The parties and the mediator generally develop a plan together. A mediation plan should consider who will be involved in the mediation, the location of mediation, whether third parties may be present, which issues are of most importance to the parties, a behavioural guideline, a plan to educate the participants about the mediation process, a general plan for the first meeting, and how any probable deadlocks may be

This statement introduces the mediator and the parties, commends the parties for their willingness to participate to seek a solution and address their relationship challenges, defines the mediator's function, describes the mediation procedures including mediator impartiality and neutrality, , explanation of the proposed mediation procedure, confidentiality, and an explanation of private caucuses (meetings), describes the meeting format and schedule, and proposes behavioural guidelines/ground rules for the sessions. The mediator may then address any questions from the parties, and seek a confirmation of a joint commitment to begin. The mediator then shifts the attention to the opening statements of the