Mediation is process oriented negotiation in which a neutral and impartial third party (the mediator) facilitates communication between negotiating parties which may enable them to reach an agreement. Mediation is an efficient and cost effective method for the resolution of both simple and complex cases. The goal of the mediation process is to allow the parties to learn skills for resolving present and future conflicts, while sustaining personal relationships, by giving power to both sides and allowing each to communicate effectively.
Mediation requires an equitable third party who can remain neutral to the people and issues involved. Mediators should not submit personal opinions or control anything other than the process itself. The mediator's position is to use the facts to direct the communication so the parties may reach an agreeable solution.
Mediation objectively concentrates on mutual requirements and
concerns rather than personal viewpoints. The mediator's role is to guide the
parties through these mediation phases. When both parties have gone through all
of the mediation phases, an agreeable settlement can be established that is fair
and practical. These parties then subscribe to the immediate resolution as well
as maintaining the agreement.
Mediation is appropriate when parties want to preserve their ongoing
relationships or terminate an existing relationship in the least adversarial and
most cooperative way.
Advantages of Mediation.
Agreements reached through mediation tend to last over time because the people affected by the decisions are the ones making them.
When parties reach their own agreement, they avoid unpredictable solutions which often result from the adversarial process.
It is generally more cost effective to reach an agreement through the mediation process than through litigation.
The mediation process protects the integrity of those in dispute and enhances the possibility of a workable future relationship.
Types of Disputes Subject to Mediation.
In Tennessee, nearly all types of disputes can be mediated. Common types are;
Divorce and Post Divorce Disputes
Family and Relatives Disputes
Landlord and Tenant Disputes
Business and Customer Disputes
Insurance Companies and Clients
Children and Teen Peer Disputes