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Mediation

In mediation generally a third party is involved who acts as facilitator. In a typical mediation, there is always a win – win situation. Mediation comprises of an act of bringing two parties in a dispute closer together towards an agreement through alternative dispute resolution. It is a dialogue in which a neutral third party, the mediator, using appropriate techniques, assists two or more pairs to help them negotiate an agreement, with concrete effects, on a matter of common interest.

Mediation applies to different fields, with some common peculiar elements and some differences for each of its specialities. The main fields of mediation include commerce, legal disputes and diplomacy, but other forms of mediation appear in other fields as well.

In other words, mediation covers any activity in which impartial third party(often a professional)facilitates an agreement on any matter in the common interest of the parties involved.

Is Alternative Dispute Resolution The Only Way ?

Alternate Dispute Resolution (ADR) is a term that is used for describing a wide array of practices, the purpose of which is to manage recent issues of legal importance at a quicker and economic way than a time-consuming and expensive… Continue Reading →

Dealing with Emotions during Mediation – Neurology and Practical Tips

Who could imagine heightened emotions go together with conflict? Mediators, attorneys, and other legal practitioners get the closest look at this pairing during most of their work. Surprisingly, the topic is often only given a cursory treatment during training; with… Continue Reading →

Potential Impasse in Mediation – Myth or Mislabeled? The Perspective Approach

Impasse during mediation is an expectation, if one considers the number of times mediations fail to result in durable agreements between parties. Confidentiality precludes exacting answers, but the track record for reaching successful outcomes hovers around 65 – 70 percent… Continue Reading →

Mediation based on Type and Style – Ultimate Flexibility for Professional Results

When asked to speak on types or styles of mediation, my first thought is always “flexible.” In training to become a mediator, the main types of mediation taught are Facilitative, Evaluative, Narrative, and Transformative. Most schools (and practitioners) have one… Continue Reading →

Should Mediation Exist as an Option for Criminal Law Cases?

Mediation should be the primary approach in civil or non-criminal cases. This seems to be an emerging theme globally, and not just in India, as potential litigants become more educated about the benefits of “mediation first” and seek out competent… Continue Reading →

Forgiveness, Restorative Justice, and Mediation – A New Pathway?

When researching forgiveness, my first trip was to Amazon, to see if contemporary authors hold validating positions on the subject. Even though there are over 2,100 books available on the subject on Amazon, few approached forgiveness as anything other than… Continue Reading →

Seeking the “Holy Grail of Justice” Through Mediation

Expanding the scope and impact of mediation by embracing the concept of “Appropriate Dispute Resolution” is essential to the ‘Holy Grail of Justice,’ which is universal support for a neutral-led intake and first step program for all conflict short of capital crimes. With… Continue Reading →

Mediation and Arbitration: What You Need To Know

Many court cases (especially civil cases) are handled out of court with both parties coming to an agreement and settling on a sum to stop the litigation. Mediation puts you in control of the results. LegalYou can help you opt… Continue Reading →

Mediation – The Path to Successful Dispute Resolution

“My joy was boundless. I had learnt the true practice of law. I had learnt to find out the better side of human nature and to enter men’s heart. I realised that the true function of a lawyer was to unite the… Continue Reading →

A Court Case that would have been ‘Better Served’ by Mediation

An anecdote, typical of today’s norm in a random conflict scenario: A potential client contacted me for assistance in a matter she needed to respond to in a small claims court. I told her I was not an attorney. She… Continue Reading →

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