Mediation is increasingly being used as an alternative to costly and drawn out trials. People who specialize in mediation use an arbitration process to help two parties to come to a mutually beneficial agreement without the use of judges and courts. Besides the huge legal costs involved in court cases, mediation has the main benefit of bringing two parties together in a forum that allows for discussion and agreement rather than hostility. The nature of the trial itself, which pits two parties against each other tends to bring out resentment and divisiveness, and if the trial involves a large company, not only the litigators are affected, but the employees, the shareholders, and the public image of the company and people involved as well. There are a few good ethical guidelines that mediators are required to follow, and there is one especially important legal caveat that must be followed. Mediators primarily help people resolve disputes. They try to foster communication between two parties by facilitating understanding, and they attempt to look for common ground on which to base the parties' agreements. Unlike the legal process, mediation is entirely voluntary, which is one of the reasons why mediation tends to yield better results than trials. First and foremost, a mediator is responsible for making sure that everyone knows what the mediator's role is in the process. A mediator will also ensure that everyone knows exactly how the process will unfold and what the terms of the settlement are for both parties. This keeps the process transparent and ensures that everyone feels they have equal footing in the process and that no one is gaining an unfair advantage by virtue of the fact that a mediation is taking place at all. Mediators will also let both parties know the likely court outcome should the process fail to reach an agreement between both parties. Having gotten the two parties to sit down, it is very important that a mediator work to keep the dynamic of the process focused on the voluntary nature of the proceedings. Sometimes in the case of mediation that is ordered by the courts, one party may feel that it is an involuntary process, and a mediator who is sensitive to this dynamic will explore every way to ensure that all parties feel equally empowered throughout the process. It goes without saying that for any given mediation process a mediator should be prepared. However, this extends to providing all proper documentation and information to both parties at all stages of the process. For the mediator who is physically or mentally unable to meet this requirement, or for the mediator who feels that they cannot prepare adequately, ethically they are required to recuse themselves from the process. Confidentiality is crucial to a mediated dispute. The mediator is required to explain all of the rules, laws, and agreements that are incumbent on the process and that prohibit the sharing outside of the mediation any offer, document, or statement made within the mediation process. The mediator has to maintain the confidences of all parties, and they especially are required to ensure the confidentiality of any third parties that may be involved. This includes using information for personal gain or for leverage in the mediation process. Mediation works far better in most cases as an alternative to trials. It can save a lot of money. It also works well to build personal relationships between disputing parties, and best of all it saves time.
Kara Martin blogs for criminal justice sites. Her most recent blogs cover criminal justice jobs and blogs on how to become a mediator.
