Arbitration and Mediation
Common Aspects of Mediation
Mediation is a process in which a neutral third party assists two or more persons, or stakeholders, to find mutually-agreeable solutions to difficult problems.
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Mediation is employed at all levels and contexts, from minor disputes to global peace talks. It is thus difficult to provide a general description without referring to practices in specific jurisdictions - where 'Mediation' may in fact be formally defined and in some venues require specific licenses. This article attempts only a broad introduction, with more specific processes (such as peace process, binding arbitration, or mindful mediation) referred to directly in the text.
While some people loosely use the term 'mediation' to mean any instance in which a third party helps people find agreement, professional mediators generally believe it is essential for mediators to have thorough training, competency, and continuing education.
Types of disputes or decision-making that are often mediated include the following (though use is not limited to these areas):
Family:
- Prenuptial Agreements
- Financial or budget Disagreements
- Separation
- Divorce
- Financial Distribution and Spousal Support (alimony)
- Parenting Plans (child custody and visitation)
- Eldercare Issues
- Family Businesses
- Adult sibling conflicts
- Disputes between parents and adult children
- Estate Disputes
- Medical Ethics and end-of-life Issues
Workplace:
- Wrongful termination
- Discrimination
- Harassment
- Grievances
- Labor management
Public disputes:
- Environmental
- Land use
Disputes involving the following issues:
- Landlord-tenant
- Homeowners' associations
- Builders/contractors/realtors/homeowners
- Contracts of any kind
- Medical malpractice
- Personal injury
- Partnerships
- Non-profit organizations
- Faith communities
Other:
- Youth (school conflicts; peer mediation)
- Violence prevention
- Victim-Offender mediation
Most countries respect a Mediator's Confidentiality.
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