Question

What is the meaning of Mediation?

Answer 1

Mediation is a form of alternative dispute resolution (ADR) in which a neutral and impartial third party, called a mediator, facilitates communication and negotiation between parties in conflict. The goal of mediation is to help disputing parties reach a mutually acceptable resolution to their dispute. Here are some key points about mediation:
1. Voluntary Process: Mediation is typically a voluntary process, where all parties involved agree to participate willingly. It is a consensual approach that allows parties to have control over the outcome.
2. Neutral Mediator: The mediator is an impartial third party who does not take sides or make decisions. Their role is to assist the parties in understanding each other's perspectives, facilitating communication, and guiding them toward finding a resolution.
3. Confidentiality: Mediation proceedings are usually confidential, meaning that discussions that occur during mediation cannot be disclosed or used as evidence in court. This encourages open and honest communication between the parties.
4. Informal and Flexible: Mediation is generally conducted in a less formal setting compared to a court proceeding. It allows for more flexible and creative solutions that meet the specific needs and interests of the parties involved.
5. Focus on Communication and Agreement: Mediation aims to improve communication between the parties, allowing them to express their concerns, interests, and desired outcomes. The mediator helps them explore potential solutions and work towards a mutually agreeable resolution.
6. Non-Binding Outcome: The outcome of mediation is not legally binding unless the parties reach a formal agreement that is enforceable. However, parties often find that mediated agreements are more durable and satisfactory because they are based on mutual understanding and collaboration. Mediation can be used in various types of disputes, such as family conflicts, workplace disagreements, community disputes, and commercial disputes. It offers a less adversarial and more cooperative approach to resolving conflicts, promoting understanding, and fostering mutually acceptable outcomes.