Mediation Explained

Typically, a third party, the mediator, assists the parties in negotiating a settlement. Disputants may mediate disputes across a variety of domains, including commercial, legal, diplomatic, workplace, community, and family matters. The term "mediation" broadly refers to any instance in which a third party helps others reach an agreement. More specifically, mediation has a structure, timetable, and dynamics that "ordinary" negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process. It’s vital to define the conflict and be able to examine various avenues leading to resolution. It is also necessary to recognize that not all conflicts can be resolved. Both parties must be willing to communicate to understand each other's positions. Be sure to take notes and develop an outline to gain a clear picture of how the mediation process works. Understanding how the legal system works in the United States is beneficial for navigating business matters. Understanding how to mediate business matters can be a lifeline, extremely helpful in maintaining business relationships.

The following textbooks are available online at Barnes and Noble and can be found, along with other publications, under my name, Shane Irvine:

Executive Juris Doctor

Law School 101: Surviving Your First Year

Your Constitutional Rights