For a long time, special people were invited to resolve conflicts, especially large and protracted ones, who helped to carry out a dialogue between the parties to the dispute and resolve a tense situation. These people are now called mediators, and the mediation process has become a legal way of alternative conflict resolution.
Instructions
Step 1
Mediation is a method of a mutually beneficial way out of a conflict, which involves the involvement of a third neutral party. The mediator mediates to reach some agreement on the disagreement, but the parties themselves are actively involved in decision-making. However, a mediator cannot be called a mediator in the most general sense of the word; rather, mediation is only one of the types of mediation.
Step 2
The mediator is not obliged to have specific knowledge in the field of the cause of the dispute, he is not obliged to advise on disagreements, he only tries to present the participants with a general understanding of the conflict and act in the direction of its settlement. Moreover, his task is not to find the right and the wrong, not to support one of the parties, but to find a consensus, to find a mutually beneficial solution.
Step 3
Any person can be a mediator. Its main qualities are impartiality and independence. People can act as a mediator in an unprofessional and professional manner. To provide mediator services on a professional basis, a person must be over 25 years of age, graduate and complete a mediator training course. Any capable person with no previous convictions over 18 years of age can act as a mediator unprofessionally. Organizations or individuals can attract mediators and, by agreement, pay or not pay for their activities.
Step 4
The advantages of mediation over litigation are time and material savings, confidentiality, the search for a solution that is beneficial for everyone, voluntary participation and execution of decisions made, the universality of the procedure for different areas (intra-family, organizational, household and other types of conflicts), consideration of interests, moral norms, the relationship of the parties, personal experience.
Step 5
The mediation process in the legal sense begins with a written proposal from one of the parties on the implementation of this method of resolving the conflict. If the other party accepts the offer, the conflicting parties enter into an agreement on the use of mediation, which also stipulates the identity of the mediator. Then the mediator turns on and considers the points of view of the parties to the dispute, their arguments, wishes and interests, on the basis of these data then tries to offer a compromise solution to the conflict. At the same time, the parties actively participate in the discussion, since it is they who, by common efforts, without shifting responsibility to the mediator, must come up with a way out of the situation. If a solution is found, an agreement is concluded, which can also be considered in court as an amicable agreement.
Step 6
The only disadvantage of mediation as a way of resolving disputes is that it is voluntary to execute or not to execute decisions made after the conclusion of an agreement. Sometimes, after several meetings with the mediator and seemingly productive work, the parties again return to the conflict, since one of the parties or both of them do not fulfill the previously agreed decisions.
