Mediation

The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution.

The Singapore Mediation Convention offers a relatively fast, inexpensive and predictable means of enforcing settlement agreements arising out of international commercial disputes.

[1] Mediators use various techniques to open, or improve, dialogue and empathy between disputants, aiming to help the parties reach an agreement.

The practice developed in Ancient Greece which knew the non-marital mediator as a proxenetas(προ - pro = before + ξενος - xenos =strangers), then in Roman civilization.

[citation needed] Following the war against Rome, the Kushites sent mediators to Augustus, who was in Samos, and in the year 21/20 BC, a peace treaty was concluded.

This allowed the Federal Government to pass laws on conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one state.

[6][full citation needed] The Act diminished the traditional role of the AIRC by placing the responsibility of resolving disputes at the enterprise level.

The Australian government claimed the benefits of mediation to include the following:[8][full citation needed] The implementation of human resource management (HRM) policies and practices has evolved to focus on the individual worker, and rejects all other third parties such as unions and AIRC.

[9][full citation needed] HRM together with the political and economic changes undertaken by Australia's Howard government created an environment where private ADR can be fostered in the workplace.

Community programs typically provide mediation for disputes between landlords and tenants, members of homeowners associations and small businesses and consumers.

[16] Peer mediation promotes social cohesion and aids development of protective factors that create positive school climates.

[17] The National Healthy School Standard (Department for Education and Skills, 2004) highlighted the significance of this approach to reducing bullying and promoting pupil achievement.

[19] Peer mediation helped reduce crime in schools, saved counselor and administrator time, enhanced self-esteem, improved attendance and encouraged development of leadership and problem-solving skills among students.

Some features of native title mediation that distinguish it from other forms include lengthy time frames, the number of parties (ranging on occasion into the hundreds) and that statutory and case law prescriptions constrain some aspects of the negotiations.

Mediation is in contrast to the process common in a court of law where advocates engage in contentious litigation on behalf of their clients, arguing before a parental figure such as a judge or arbitrator.

The mediator takes no part other than to reduce the emotional temperature and facilitate full and frank exchange of views, "reframing" aggressive or insulting language into a rational, neutral statement of fact.

The idea is to help the parties improve their interpersonal negotiation skills so that in the joint session they can address each other with little mediator interference.

However, organizations such as the National Alternative Dispute Resolution Advisory Council (NADRAC) advocate for a wide scope on such issues.

[41] The Act applies to practitioners even if they refer to their approach not as mediation, but facilitation (Prozessbegleitung), conciliation (Schlichtung), conflict counseling (Konflikt-Beratung) or anything else.

In the UK and internationally, lists are generally open, such as The Chartered Institute of Arbitrators, the Centre for Effective Dispute Resolution.

At the time it was orally expressed that before the final settlement, taxation advice should be sought as such a large transfer of property would trigger capital gains taxes.

One year later, when Tapoohi realized that taxes were owed, she sued her sister, lawyers and the mediator based on the fact that the agreement was subject to further taxation advice.

Success is not measured by settlement but by the parties shifts toward (a) personal strength, (b) interpersonal responsiveness, (c) constructive interaction, (d) new understandings of themselves and their situation, (e) critically examining the possibilities, (f) feeling better about each other, and (g) making their own decisions.

Transformative mediation practice is focused on supporting empowerment and recognition shifts, by allowing and encouraging deliberation, decision-making, and perspective-taking.

Mediation provides the opportunity for parties to agree terms and resolve issues by themselves, without the need for legal representation or court hearings.

Instead, a mediator seeks to help parties to develop a shared understanding of the conflict and to work toward building a practical and lasting resolution.

Parties generally call on a senior counsel or on a panel with expertise and experience in the subject-matter under dispute in order to conduct ENE.

[62][full citation needed][63][64] It lowers the risk to participants of disclosing information and emotions and encourages realism by eliminating the benefits of posturing.

The without-prejudice privilege in common law denotes that in honest attempts to reach settlement, any offers or admissions cannot be used in court when the subject matter is the same.

[19][72][73][full citation needed] The benefits of conflict include the opportunity to renew relationships and make positive changes for the future.