Alternative ways to resolve a conflict


Common aspects of mediation

Mediation as a process involves a third party
(often a neutral third party) assisting twoBuilders/contractors/realtors/homeowners
or more persons, ("parties" or
"stakeholders") to find mutually-agreeableContracts  of  any  kind
solutions  to  difficult  problems.
Medical  malpractice
People make use of mediation at many
different levels and in multiple contexts:Personal  injury
from minor disputes to global peace-talks.
This makes it difficult to provide a generalPartnerships
description without referring to practices in
specific jurisdictions - where 'mediation'Non-profit  organizations
may in fact have a formal definition and in
some venues may require specific licenses.Faith  communities
This article attempts only a broad
introduction, referring to more specificOther:
processes (such as peace process, binding
arbitration, or mindful mediation) directlyYouth  (school  conflicts;  peer mediation);
in  the  text.
Violence  prevention
While some people loosely use the term
'mediation' to mean any instance in which aVictim-Offender  mediation
third party helps people find agreement,
professional mediators generally believe itMediation commonly includes the following
essential that mediators have thoroughaspects  or  stages:
training, competency, and continuing
education. The term is also sometimesa controversy, dispute or difference of
incorrectly used to refer to arbitration; apositions between people, or a need for
mediator does not impose a solution on thedecision-making  or  problem-solving;
parties,  whereas  an  arbitrator  does.
decision-making remaining with the parties
While mediation implies bringing disputingrather  than  imposed  by  a  third  party;
parties face-to-face with each other, the
strategy of "shuttle diplomacy", where thethe willingness of the parties to negotiate a
mediator serves as a liaison betweenpositive solution to their problem, and to
disputing parties, is also sometimes usedaccept a discussion about respective
when face-to-face mediations are notinterests  and  objectives;
possible.
the intent to achieve a positive result
Some of the types of disputes orthrough the facilitative help of an
decision-making that often go to mediationindependent,  neutral  third  person.
include  the  following:
In the United States, mediator
Family:codes-of-conduct emphasize 'client-directed'
solutions rather than those imposed by a
Prenuptial  agreementsmediator in any way. This has become a
common, definitive feature of mediation in
Financial  or  budget  disagreementsthe  US  and  in  the  UK.
SeparationMediation differs from most other adversarial
resolution processes by virtue of its
Divorcesimplicity, informality, flexibility, and
economy.
Financial distribution and spousal support
(alimony)The typical mediation has no formal
compulsory elements, although some common
Parenting plans (child custody andelements  usually  occur:
visitation)
each party allowed to explain and detail his
Eldercare  issuesher  story;
Family  businessesthe identification of issues, usually
facilitated  by  the  mediator;
Adult  sibling  conflicts
the clarification and detailed specification
Disputes  between parents and adult childrenof  respective  interests  and  objectives;
Estate  disputesthe conversion of respective subjective
evaluations  into  more  objective  values;
Medical  ethics  and  end-of-life  issues
identification  of  options;
Workplace:
discussion and analysis of the possible
Wrongful  terminationeffects  of  various  solutions;
Discriminationthe adjustment and the refining of the
proposed  solutions;
Harassment
the memorialization of agreements into a
Grievanceswritten  draft
Labor  managementDue to the particular character of this
activity, each mediator uses a method of his
Public  disputes:or her own (a mediator's methods are not
ordinarily governed by law), that might
Environmentaleventually be very different from the above
scheme. Also, many matters do not legally
Land  userequire a particular form for the final
agreement, while others expressly require a
Disputes  involving  the  following  issues:precisely  determined  form.
Landlord-tenantMost countries respect a mediator's
confidentiality.
Homeowners'  associations



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