What is Mediation?


A voluntary dispute resolving process in which a neutral third party- the mediator- facilitates and coordinates the negotiations of disputing parties. Mediation can be conducted in the court system, in community centres, police stations, in schools or in any setting where the disputants choose to use a neutral third party to help them settle their differences.

The process is not simply sitting around and talking about a problem. It provides people with a unique opportunity to settle their dispute through organized negotiations. Mediation is a structured process in which the mediator guides the disputants through a discussion of their mutual problems and concerns, organizes the parties’ presentations of alternatives for resolving the problem and aids the parties in arriving at a resolution of their dispute.

Responsibility of the Mediator

The mediator has several responsibilities which helps to facilitate the conflict resolving process in numerous ways. Here are some of the duties of the mediator:


·  Control the flow of information and encourage behaviours which makes it more likely that the parties will reach an effective compromise

·  Discourage non-productive behaviours such as defensiveness, rambling, anger and reluctance to communicate. 

·   Clarify language, information and proposals to ensure that the disputants “hear” each other

·   Practice and maintain neutrality throughout the process. This is accomplished by not favouring either party or indicating an approval of one party’s proposals relative to those of the other. The mediator does not take sides in the dispute. He/she merely facilitates the process of achieving a resolution. Unlike a judge, the mediator does not have the authority to impose a decision upon the disputants. The parties themselves decide whether and how to settle the dispute.

·  Ensure a workable agreement is achieved as while the mediator’s goal is to have the parties themselves arrive at their mutually acceptable agreement, he/she should also be concerned with the result of the mediation process. The workability of the agreement involves a consideration of both the psychological and material resources of the disputants. For example, the availability of financial resources may be relevant to the settlement of a monetary dispute. In other cases, the psychological stability of the parties may determine whether they can comply with the terms of the settlement. In any case, the mediator does evaluate the likelihood that the parties can, in fact, adhere to the compromise agreement reached. If that likelihood is small, the mediator may wish to encourage an alternative plan that is more likely to be successful.

·  Mediator must not attempt to substitute a compromise which suits his set of values for one reached by the disputants. In general, a compromise reached by the parties is more likely to be successful than one imposed by the mediator. The disputants know their situation better than the mediator does and as such, have a better grasp of their own capabilities as well as a better understanding of what is likely to work for them. Furthermore, people tend to resent being told what to do, and they are more likely to follow a course of action that they have suggested.

·  Facilitate a positive air during mediation sessions for greater success of the process. When disputants are able to sit down in a controlled and hopefully calm setting, attempts to deal with the underlying issues of the dispute can be more fruitful. However, this calm, controlled environment does not happen by accident. The stage must be properly laid to create a positive setting for the resolution of the dispute.

Mediators can enhance their ability to help the parties by following a simple seven stage mediation model. This process is and should always remain flexible. However, the seven stage model can provide direction, control and order for the parties so that they can examine and resolve the dispute. Each of the seven stages of mediation is designed for a specific purpose, and they combine to provide a structured process that leads to crisis intervention and dispute resolution.


Extracted from The Mediator Handbook prepared by Roberta S. Mitchell and Scot E. Dewhirst of Capital University, Columbus, Ohio, USA