The Secret behind the Effectiveness of Mediation

Wednesday, July 18, 2012

The Secret behind the Effectiveness of Mediation

Mediation is a procedure where a neutral third-party individual helps to resolve a dispute existing between two or more people. It is a way to settle a problem without being adversarial and the mediator is there to help the two parties talk things out, as well as help them to come up with mutually agreeable options.

The mediator doesn’t come up with the solutions himself, but instead helps the two people solve the problem themselves through fair negotiations. If successful, mediation ends up producing a solution that both people accept and carry out.

Where is Mediation Used? 

Mediation is extensively used in all different kinds of issues, including divorce settlements, lawsuits, bankruptcy and other problems, even those involving international affairs.

How does Mediation Work? 

Mediation goes through six steps: introduction, the parties' statements of the problem, data gathering, and problem identification, coming up with options, and coming to the agreement.

The mediator will meet with the two parties having a dispute, for instance in a divorce case, in a neutral setting. The mediator will explain the process, guidelines, and time-frame of the mediation process and give a brief description of the problems to be discussed.

Then, each person will be allowed to speak and tell their version of the problem. After this, the mediator asks the two parties questions to get them to discuss the issues, bring out any emotional factors, and assist in getting them to work together. The mediator’s job is then to help the parties agree on a common goal.

The bargaining sessions come next, and the parties discuss the problems as the mediator works to help them come up with viable options though brainstorming, discussion, and figuring out any possible solutions. This is geared to come up with a permanent solution both parties agree on.

Does Mediation Really Work? 

While the above scenario sounds simple, it may not be so simple in all cases. However, studies show that it works in between 50 and 80 percent of most mediation cases, even if it is forced by a court or if, in the case of a divorce settlement, that the couple historically had a volatile marriage.

Studies have shown that in 69 percent of divorce cases that used mediation, the parties were much happier with the final resolution than couples who didn’t use mediation. This applied in both the case of men and women in their satisfaction levels.

In fact, research has shown that in divorce cases using mediation, both the man and women were more likely to feel as if they had gotten more out of the case than they would have otherwise when compared to those couples using litigation.

Mediation also takes less time than litigation; in fact, another study showed that couples in litigation took twice as much time to settle a divorce case. The couples using mediation also reported a higher compliance rate using mediation when it came to child and spousal support monies, property division, and child custody.

Mediation doesn’t always work, but studies agree that in most cases, it is far more effective than other methods of resolving conflicts.  The mediator has to have good negotiation and persuasive skills to get people to talk about the issue respectfully and come to mutual conclusion. There are different kinds of mediation attorneys, and all of them are trying to help the parties involved, talk about their problems and reach a mutually acceptable solution.

About the author:

Bradley barks is a fitness coach who also writes.

1 comment:

sophia levis said...

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