Mediation is a form of alternative dispute resolution (ADR) which
aims to
assist two or more disputants in reaching an agreement. The key component
of mediation is that the parties strive to reach an agreement which is determined
by the parties themselves rather than being imposed by a third party or a
court of law. The disputes may involve organizations, communities, individuals
or other representatives with a vested interest in the outcome. Mediators
use appropriate techniques and/or skills to open and/or improve dialogue
between disputants, aiming to help the parties reach an agreement (with concrete
effects) on the disputed matter. The mediator is present as an impartial
(unbiased) facilitator. When an agreement or resolution is reached, it is
the parties, as full participants, that take ownership of it.
What is attractive about mediation is that parties do not forfeit any legal rights or remedies. If there is no settlement, each side can continue to enforce their rights through appropriate court or tribunal procedures. However, if a settlement has been reached through mediation, legal rights and obligations are affected in differing degrees. In some situations, the parties may only wish to have a memorandum or a moral force agreement put in place; these are often found in community mediations. In other instances, a more comprehensive agreement is drafted and this serves to bring a legally binding situation. For more information click here.