Mediation: A Form of Alternative Dispute Resolution (ADR)

Mediation is the method of resolving disputes in which the two disputing parties come to a resolution between themselves, rather than accepting a resolution determined by some third, outside party. To minimize conflict and ensure fair resolutions, mediations are sorted out by impartial mediators that stimulate discussion between the parties in conflict. Mediators have no part in the dispute and don't directly benefit from its resolution.

 
 
By settling disputes through mediation, conflicting parties get a chance to discuss the dispute, address any misunderstandings and come to a mutually beneficial agreement. In most cases, the discussions that take place during mediation are confidential, meaning that any information disclosed during the process may not be shared with outside parties or discussed outside of the mediation process.
 
Parties that may use mediation to sort out their conflicts can include:
  • community or government organizations
  • companies or businesses
  • individuals
  • unions.

Some of the types of conflicts that are typically solved through mediation include:

  • community debates
  • diplomatic conflicts
  • domestic disputes, including divorce and child custody cases
  • employer/employee disagreements
  • lawsuits (both individual or class-action).

The Advantages of Mediation

So, what does mediation mean in practice? And, when it is beneficial to use? Mediation can be a viable alternative to legal proceedings or arbitration, the process by which disputes are resolved and settled by a third party. Some of the advantages of using mediation in place of other forms of dispute resolution are that it:
  • is fair: Mediation proceedings allow disputing parties to talk and find a resolution that they both accept. No one is blamed or convicted during the process.

  • promotes better communication: Because mediation proceedings let parties discuss the dispute, they provide a space for airing grievances and correcting misconceptions. Successful mediations can help conflicting parties establish open lines of communication and, therefore, can improve the relationship between them.
  • saves time and money:Mediation typically eliminates the courts and lawyers from the dispute resolution process. Because court proceedings can consume a lot of time and lawyers can cost big bucks, using mediation instead of litigation saves both time and money.

  • usually produces effective results: Surveys show that over 90 percent of participants in mediation proceedings were content with the results and would use mediation again to resolve their disputes. This high percentage is likely due to the fact that mediation allows both parties to talk out the issues and find a mutually beneficial agreement.

The Crum Model for Conflict Resolution
Thomas Crum is a motivational speaker and workshop leader who specializes in conflict resolution, leadership and peak performance. Through his workshops and personal coaching, Crum teaches his model for conflict resolution, which relies on converting conflict into a powerful relationship. Other insights Crum teaches include stress management and effective leadership strategies.

The Disadvantages of Using Mediation

While mediation can be an effective method of resolving disputes, in some circumstances, it isn't the best method of dispute resolution. Here are some of the negative aspects associated with using mediation:
  • Even if both sides agree to mediate, there is no guarantee that the dispute will be resolved.
  • Even if a guarantee is reached, there is no guarantee that either party will abide by it.
  • If one side of the dispute refuses to mediate, mediation proceedings can't take place.
  • If no resolution is reached through mediation, time and money have been wasted.
  • Mediation can be a way for one party to find out more about the "evidence" or thought process of the other party. This can be detrimental if the party chooses to use it later in court proceedings.
Resources
 
Aiki Works Inc. (n.d.). The Thomas Crum Approach. Retrieved March 5, 2008, from the Aiki Works Inc. Web site.
 
U.S. Equal Employment Opportunity Commission (updated November 1, 2004). Facts About Mediation. Retrieved March 5, 2008, from the EEOC Web site.