Mediation
Neutral third party facilitates voluntary dispute resolution.
Francesco Bartolozzi · CC0
Mediation is a form of dispute resolution in which an independent neutral third party, the mediator, facilitates communication and negotiation between two or more parties to help them reach a voluntary agreement. It is a structured, interactive, and party-centered process that focuses on the needs and interests of the individuals involved, rather than imposing a solution from an external authority. Mediation has ancient roots, appearing in Ancient Greece and Roman civilization, and has evolved into a professional service with trained mediators.
- field
- Dispute resolution
- known_for
- Facilitative and evaluative mediation approaches; party-centered negotiation
- key_concept
- Mediator as neutral facilitator without binding decision-making authority
- international_treaty
- Singapore Mediation Convention
Lore & Background
The activity of mediation appeared in ancient times. It developed in Ancient Greece, where the non-marital mediator was known as a proxenetas, and later in Roman civilization. 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. In the Epistle to the Philippians, Chapter 4, written in the First Century A.D., Saint Paul asks Euodia and Syntyche, two women leaders of the nascent Christian community, to submit to a form of mediation, possibly by Epaphroditus. Mediation can take different forms depending on the mediator's approach. Leonard Riskin distinguished between facilitative and evaluative approaches. In facilitative mediation, the mediator assists parties by fostering communication and helping them understand each other's viewpoints. In evaluative mediation, the mediator may assess issues, identify possible solutions, and suggest ways to reach an agreement, but without prescribing a specific outcome. Unlike a judge or arbitrator, mediators do not have the authority to make binding decisions, ensuring the resolution reflects the voluntary agreement of the parties. The process is private and confidential, possibly enforced by law, and participation is typically voluntary.
Reader's Guide
Mediation has become an internationally accepted way to end disputes, with the Singapore Mediation Convention offering a relatively fast, inexpensive, and predictable means of enforcing settlement agreements arising out of international commercial disputes. Its benefits include lower cost compared to litigation, strict confidentiality, increased control by the parties over the resolution, high compliance with mediated agreements, mutual willingness to work toward resolution, and support from trained mediators who help parties think beyond conventional solutions. Mediation is applicable to disputes in many areas, including business and commercial mediation (B2B, B2E, B2C), industrial relations, and workplace matters. Mediation is not identical in all countries, with differences between Anglo-Saxon and civil law traditions. As the practice has gained popularity, training programs, certifications, and licensing have produced trained and professional mediators committed to their discipline.
Did You Know?
- The term 'mediation' broadly refers to any instance in which a third party helps others reach an agreement, but it has a structure, timetable, and dynamics that ordinary negotiation lacks.
- Mediation is 'party-centered,' focusing on the needs, interests, and concerns of the individuals involved rather than imposing a solution from an external authority.
- Confidentiality in mediation is so important that in most cases the legal system cannot force a mediator to testify in court as to the content or progress of mediation.
- The Singapore Mediation Convention offers a relatively fast, inexpensive, and predictable means of enforcing settlement agreements arising out of international commercial disputes.
Gallery
Frequently Asked Questions
What is Mediation in civil law?
Mediation is a structured, voluntary process in which a neutral third party helps disputing sides communicate and craft their own settlement. Unlike a judge or arbitrator, the mediator never imposes a binding outcome on either party.
What does the mediator actually do, and what powers do they hold?
The mediator guides dialogue, helps each side articulate underlying interests, and keeps negotiations on track. They carry no decision-making authority and cannot force any resolution on the parties involved.
What are the main approaches used in Mediation?
Practitioners typically follow either a facilitative style, centered on improving dialogue, or an evaluative style, in which the mediator offers informed views on likely legal outcomes. Both remain party-centered, meaning the final agreement always reflects the disputants' own choices rather than an external ruling.
What is the Singapore Mediation Convention?
It is an international treaty that makes cross-border mediated settlement agreements easier to enforce among signatory nations. The convention grants mediation a level of international recognition in commerce comparable to what arbitration has long enjoyed.
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