Mediation Part III
Mediation Neutral
Mediation
The author of this report is writing a continuing series on mediation and what makes up a typical mediation session as well as what made up an actual mediation that the author of this report and response was involved with. The situation occurred at Fort Belvoir Community Hospital. Specifically, the author of this report will focus on what the overarching difference was, who the parties or sides were for the conflict, who the neutral side was in the conversation, how that neutral party was chosen, why a neutral third party was required and how that person facilitated discussions that led to an acceptable outcome. The author will explain what would have happened had the author been the neutral side in the discussion. While having a neutral party is not necessary to get a resolution to a problem with two dichotomous sides, it is certainly a helpful thing to have at the ready should it be advantageous to have a neutral party.
Neutral Parties
The mediation in question that the author will speak of was basically a union situation where employees were staunchly dissatisfied about something going on and the employer thought that the status quo was alright and that perhaps the overall situation was a creation or at least an exaggeration. An initial meeting was held between the two sides and the author of this report...
In a legal proceeding, the press and other parties will have access to the topics that were discussed. This prevents information from being leaked, which could hurt negotiations. Informal and Flexible: Arbitration is not following a formal structure. This changes the time and place when these proceedings can occur. Economical: The process is saving time and money by not involving the courts in settling the dispute (which could take years). This is
However, a variation, called "co-med-arb, allows the mediator and the arbitrator to jointly conduct a fact-finding hearing at the outset of the dispute. The hearing is followed by mediation, then arbitrtation" (McLean and Williamson). For the purposes of this review, however, it is the synergy that the processes provide together that are important -- that the two standing alone are no where near as powerful a problem solving tool
The primary challenge with online dispute resolution is that the online world does not perfectly mirror the real world. Mediation is typically most effective if the parties of the dispute are physically present with the mediator, yet with online dispute resolution there is a level of impersonality that interferes with the mediation process ("The pros," 2003). Although there are benefits to the asynchronous nature of e-mail, mediation is sometimes more
These guidelines were established to set parameters around a mediator's dissemination of legal information. The parameters set authorize a mediator to provide legal information such as brochures or printed material provided by the bar association. However, it strictly prohibits giving legal advice or sharing legal opinions with the parties. Mediation continues to be a controversial topic in the area of civil disputes. Each state has chosen its own approach to
Mediation vs. Arbitration When it comes to resolving conflicts and situations that arise while engaging in business, the two common remedies that often become obvious and available are mediation and arbitration. When using those words in a normal context, they are related but mean two entirely different things due to the voluntary (or involuntary) nature of the proceedings. There is also the consideration of who (or who is not) empowered to
Hence, those people who are particularly concerned about privacy are far more comfortable with mediation as compared to litigation or arbitration for dispute resolution. Confidentiality is particularly important in settlement proceedings as people are often reluctant to reveal their "bottom line" to the opposing party; in mediation, they may reveal their bottom lines to the mediator in confidence who can use the information to settle the dispute. Cost Reduction Mediation is,
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