What is Mediation?
Mediation may be considered as “assisted negotiation”, whereas negotiation may be thought of as “communications for agreement.”
Hence, mediation is “assisted communications for agreement.”
Central to mediation is the concept of “informed consent“. So long as participants understand the nature of a contemplated mediation process and effectively consent to participate in the described process, virtually any mediation process is possible and appropriate.
What is a Mediator, and what do they do?
Mediators facilitate agreements in disputes, promoting resolution through neutral guidance.
They help people work out the details of an agreement when there are adversarial situations, such as divorces, employment disputes, property divisions, etc. Mediators are neutral third parties, and the mediation process is often much less expensive than going to court. Mediators can provide a Mediated Settlement Agreement (see example in new tab), which is a legally binding contract.
Impartial, Neutral, Balanced and Safe – The mediator has an equal and balanced responsibility to assist each mediating party and cannot favor the interests of any one party over another, nor should the mediator favor a particular result in the mediation. Your mediator is ethically obligated to acknowledge any substantive bias on issues in discussion. The mediator’s role is to ensure that parties reach agreements in a voluntarily and informed manner, and not as a result of coercion or intimidation.
Mediation Resources:
- How to become a Certified Mediator in the State of Texas
- American Bar Association (ABA) Section on Dispute Resolution
- Association for Conflict Resolution (ACR)
- International Mediation Institute (IMI)
- National Center for State Courts (NCSC) – Alternative Dispute Resolution (ADR)
- Mediate.com
- JAMS – The Resolution Experts
- U.S. Department of Justice – Alternative Dispute Resolution (ADR)
- CPR Institute – International Institute for Conflict Prevention & Resolution
- Harvard Program on Negotiation (PON)
- National Academy of Distinguished Neutrals (NADN)