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