What is mediation?
Mediation is a formalized process of negotiation whereby disputing people or groups seek the intervention of a third party who has no authority to make final decisions for them but helps them in a variety of areas. Mediators help disputants by identifying problems and discussing desired outcomes, facilitating discussions, and/or proposing, evaluating, and comparing alternative solutions.
In general, the mediation process follows as such: two parties (such as relationship partners, neighbors, work colleagues) face a dispute with no clear resolution. After further discussion and heightened emotions, the disputants decide that finding a mediator might make their discussions more productive and solution oriented. The disputants seek out intervention from an individual that is acceptable to each to help inform and uncover alternative solutions. Importantly, the mediator does not have influence over either party nor do they assert additional opinions. They create the space to make negotiation successful.[1]
Mediation has existed as a form of negotiation for millennia. The use of mediation in legal practice and conflict resolution in the United States emerged in the late 19th and early 20th centuries in response to labor-management disputes, leading to the creation of the U.S. Department of Labor and the institutionalization of mediation processes. Additionally, mediation emerged as a method used within the civil rights movement. Also, it is a part of legal education and used in the justice system.[2]
Mediators in the U.S. often operate under a governmental, legal, or educational institution whereby they have authority to enforce mediated agreements. In these cases, mediation can result in arbitration, judicial enforcement, or legislative enforcement.
Mediators can also be a third party acceptable to the disputants with no authority to make binding decisions. Non-governmental and extralegal mediation includes cases of civil dispute or workplace disagreement.
[1] Chapter six of Christopher Moore’s book, The Mediation Process, illustrates the mediation process and the elements that lead to successful mediation.
[2] Moore, Christopher W. (2014). The mediation process: practical strategies for resolving conflict (4th ed.). Jossey-Bass.