MEDIATION AS A FORM OF DISPUTE RESOLUTION
This research paper discusses mediation as a form of dispute or conflict resolution, the powers a mediator must have, the steps he or she is likely to take and the skills a mediator should have in dealing with and facilitating the resolution of such disputes.
Nature of Mediation and Powers of Mediators
Hoffman (1994, Winter) defined mediation as "a process whereby a neutral third party assists disputing parties reach a mutually acceptable decision" (p. 848). The term mediation comes from the Latin verb mediare, to be in the middle. According to Folberg and Taylor (1984), "mediation is an intervention that is intended to resolve disputes and manage conflict by facilitating decision-making" (p. xi). Marcus et al. (1995) said the man or woman in the middle, an impartial mediator, "has no power to impose an outcome upon the parties, [rather he or she helps] them to better understand their options, choices, and consequences" and "serves as a catalyst for settlement" (p. 324). Folberg and Taylor noted that mediation is "a process that emphasizes the participants' own responsibility for making decisions that affect their lives . . . [and is] self-empowering" (pp. 7-8).
Mediation differs from other forms of alternative dispute resolution (ADR) in several respects. In litigation or in arbitration, a third party, a judge, jury or arbitrator, decides the issues in dispute. However, as noted above, "in mediation the mediator is not empowered to make a decision in the case" (Biancardi, 1998, p. 1). Participation by one or parties to a dispute in litigation is involuntary. Participation in mediation is most often voluntary but not always, as in cases where a court refers the parties to mediation. Even in those cases, however, no resolution of the dispute is possible without the voluntary consent of the parties. Most court proceedings are open to the public. The content of deliberation and discuss...