Basic Mediation Model

Mediation is a process of conflict resolution in which an impartial third party assists persons in dispute make informed decisions in an effort to resolve their differences. In our often litigious society, alternative dispute resolution, which lessens the burden of the court system, appears to be a viable option to the adversarial process. The following is an explanation of the different aspects of the process.

Process

Refers to the specific phases which are described to the persons involved and through which the mediator will guide the participants in an effort to help them achieve resolution. The process is goal-oriented in that the purpose is to reach an agreement which promotes a sense of respect, fairness, privacy, mutual concern, and a genuine understanding of collaborative conflict resolution.

Impartial Third Party

Mediation involves a third person who is impartial regarding the persons and the issues. The role of the third person is clearly defined; that role with its commensurate duties is explained to the participants at the outset of the process. The principal concerns of the neutral third party is to direct the flow of the mediation, de-escalate hostilities, and create a climate in which a cooperative agreement can evolve.

Informed Decisions

Mediation encourages both parties to base their decisions on full disclosure of information concerning the relevant issues. The ground rules delineate the requirements of the process, including not only disclosure of necessary information, but respect for one another, honesty and confidentiality. Honest discussion by both parties is key to the informed decision making process.

Resolve Differences

Mediation focuses on present and future concerns rather than past grievances. Although discussion of past issues is necessary to diffuse tension, looking to the future allows for discussion and mutual needs and interests. Positional issues only serve to further polarize the parties; thus moving parties off of their positional stance is a major role of the mediator.

ARENAS FOR MEDIATION

Divorce

One of the arenas for mediation is as an alternative to an adjudicated divorce. In most divorces, the husband and wife retain separate attorneys who utilize the adversarial process to achieve the goals of their clients. Although some divorces must be litigated, the process often inhibits a long term agreement, because of the psychological and financial damage incurred by the parties. The resentment resulting from this process often forces the parties to resist and often ignore the terms of the court ordered agreement or order. Rarely are both parties satisfied, and often the children of the marriage suffer because of the animosity.

The mediation process allows the parties to come together, with or without their attorney's assistance, to explore the options available to them. While the sessions are not always congenial, the participants learn that if they search for common ground and mutually agreeable resolutions, much of the anger is quelled. By making decisions together, it often becomes clear to the parties that they can create more acceptable parenting plans and property and support agreements than an arbitrary court ruling. It should be noted that during the process the parties attorneys are encouraged to review any agreements, and will review the final agreement before it is presented to the court.

Mediation will not cure the psychological scars that come with the divorce process, but it will minimize the damage and will allow the parties to reach resolution rather than settlement. In 1988, the New Hampshire Mediation program studied a group of divorced couples, half of whom had received traditional divorces and half of whom had mediated agreements.

The findings revealed that the mediated divorces produced more stable agreements, more generous visitation, significantly better payment records, and better relations with the former spouse. (Lovenheim, 1989, pp. 155-156).

Other Arenas

Many communities use mediation in resolving neighborhood disputes, school conflicts, victim/offender disputes and landlord/tenant problems. Family disputes which do not involve divorce and do not require therapy can benefit from mediation. Examples include parent-child, sibling rivalry, elder parent decisions, and estate settlements. Schools employ mediation as an alternative to traditional disciplinary methods. Students are trained as peer mediators to handle the conflicts and if necessary- a trained adult is brought in to assist. Environmental mediation, common in Canada, is now finding its place in the United States. Companies have introduced mediation as a method of resolving employer/employee disputes, organizational conflict and group facilitation.