How does the mediator go about his business?

November 1, 2020by ra123456

It is commonly understood that mediation is a non-binding procedure in which a neutral or impartial third party (mediator/ conciliator) assists the disputing parties in mutually reaching an agreed settlement of the dispute. In practice, the conciliator is able to achieve this end- game by creating a situation which is different from one of direct confrontation and by gently coaxing the disputants to re-examine their earlier held strong positions. He is able to induce the disputants to explore other amicable options/solutions besides those they have themselves considered and rejected so far by bringing reason, flexibility, objectivity and trustworthiness in the entire discussion. At the end of it, he tries to achieve a mutually acceptable resolution if not an absolute win-win solution, by redirecting energies towards constructive outcomes. What is probably most appealing is the fact that decisions are essentially recommendatory and agreements are mutual. There is never a feeling of something being forced or imposed as what you would feel in the case of adjudicatory methods like litigation or arbitration.

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