Oxford Language Dictionary simply puts the meaning of mediation as an intervention in a dispute in order to resolve it; arbitration. Or intervention in a process or relationship; intercession.
3 Basic Principles That Can Enhance Effective Mediation
For mediation to succeed, there are three basic principles that must be in place. They are discussed as follows:
- All the two parties involved are interested in cooperating to work hand-in-hand with the opposing party with the aim of finding a lasting solution.
- All the parties involved in the dispute should display enough interest in enjoying a civilized relationship after mediation.
- They should all feel that the atmosphere is safe enough for mediation to take place.
The 7 Elements
Before making concrete arrangements for mediation, these 7 elements of the approach can be of tremendous help. These are:
. Interests: Get both parties to show enough interest.
. Legitimacy: It has to be binding if later held.
. Relationship: The approach should be to commit both parties to show interest in restoring the relationship.
. Alternatives: Approaching the concerned parties should have alternative channels.
. Options: Should be provided for the warring factions to pick from.
. Commitments: The parties concerned should be made to show commitment to mediation.
. Communications: The line of communication should be kept open and following.
5 Steps To Follow
There are five simple steps to follow in order to achieve success in arbitration:
Step–1: An opening statement from both parties.
Step – 2: Joint discussion by both parties in the presence of the mediators.
Step – 3: Private discussion: Each party is to discuss separately with mediators.
Step – 4: Negotiation: Mediators should now try to intervene.
Step – 5: Settlement – mediators should now try to conclude the process so that the final settlement can hold.
Emotional Interference
If both parties are emotional, coming for a round table talk may be difficult. The mediators must find ways of calming frayed nerves in order to enjoy the cooperation of both parties.
The Essential Techniques
There are 10 essential techniques to follow, and these are:
- Facilitate transparent communication. Transparent communication is important between the two parties.
- Making use of the right words. Both parties should be advised to treat their opponent with respect in the kinds of words they use in the mediation process.
- Give sufficient time to speak. Both parties should be allowed enough time to speak.
- Mediators should remain neutral. They should not be seen to have chosen a side.
- Mediators should play down the conflict and encourage peace.
- Mediators should encourage both parties to have a positive approach.
- Discussion should be solution-based.
- The questions should be relevant.
- Let there be a win-win solution.
- All parties should be properly engaged.
Mediation in a nutshell. For the desired peace to reign, the mediator and the two worrying factions should maintain level-headedness. The mediators should not be partials. The two opposing parties should not be emotional but positive-minded. The final settlement should be a win-win for both parties.
