Understanding the process. What makes the process “mediation?”
Successful mediation, as an alternative method of dispute resolution, has the following five elements:
1. An impartial third party
The third party neutral, the “mediator,” makes the entire process work. As long as there is a neutral facilitator, the parties can trust that they have some safety and are not being abused by an interested party.
The primary feature of the process mediation is a third party who facilitates, and aids the parties in a neutral fashion to find the best interests of the parties.
2. A third party who protects the integrity of the process.
Thus, not only does the mediator not take sides against any party to the mediation, the mediator does not usurp the parties' rights to disclose, or not disclose information. The mediator preserves the integrity of the proceedings in all ways.
3. Good faith from the participants.
Good faith includes not only entering into mediation with the intent to work towards a resolution; it also includes not using the process for outside purposes. Both the behavior and integrity of the neutral are important in creating and preserving good faith.
4. The presence of the parties
Obviously, the parties to the dispute need to be present. Those with full authority to act for the parties must attend so that the parties can work towards resolution. It is the parties disparate points of view – and the relationships between the parties – that are being resolved as much as it is the problem that is being settled.
5. An appropriate site or venue.
Generally this means a site that is conducive to the process. The location must be one where neutrality, confidentiality and inclusiveness can all be maintained.
