The process by which a problem between two people is solved informally by a neutral third person called a mediator is called mediation. It’s a process that doesn’t need to solved in the courtroom or any other formal settings.
Arbitration is a less formal but the conflict resolution process does involve distinct stages created to lead to mutually beneficial compromise. This means you can get a problem solved without going through the stress within the courtroom and the costs that come with it.
Arbitration as an informal process isn’t without its formal settings. There are six stages of mediation and when followed properly can be blamed for the system’s high success rate. That being said here are the six phases involved in mediation;
and when followed properly can be blamed for the system’s high success rate. That being said here are the six phases involved in mediation;
- The first phase; the opening statement: right before you open any statement, letter or article it must have an opening statement or introduction. This is also the case when it comes to mediation. It is done by the mediator because of his neutral status in the situation.
When the quarrellers are on their seats, the mediator starts by greeting everyone and explain the goals that are hoped to be achieved at the end of the meeting.
- The involved parties opening statement; After the mediator has opened the floor for the discussion to start. The disputants then lay out their opening statements and explain the dispute and it’s consequences financially and otherwise. During the opening statement, only one of the disputants is allowed to talk at a time.
- Joint discussion; this happens right after each of the disputants opening statements. This normally involves both parties responding to the earlier opening statement and having a dialogue about it and other matters that might affect them. This is done to further define the issue at hand.
- Private discussion; this normally involves each party meeting with the arbitrator privately. During this part of the mediation, each side would be placed in different rooms and the arbitrator would then go into the two sections of the room and discuss certain things like the ups and downs their arguments both have. This is normally called the cores of mediation.
- Joint negotiation; After the private discussion with the mediator, the parties are then brought back to work things out directly with each other. Though this is something that isn’t normally done before the end of the mediation but depending on the arbitrator, it could be arranged.
- Closure; this is typically the end of the arbitration. This is done when both parties have reached an agreement. It typically involves putting into writing the main provision and asking everyone to inscribe the written abstracts of the agreement.
If an agreement isn’t reached after the above requirements have been met, the mediator can arrange another time for other negotiations.
The mediation process is normally done by a lawyer but if you aren’t close to one these stages would be really helpful when the need arises. So if any problems arose between you and someone close to you make sure the stages are adhered to, so as to get the best possible outcomes.