Mediators and the mediation process may be defined, but not simply explained. This paper begins by defining mediation as a service provided to disputing parties, who then work together to resolve their differences by compromising. It, furthermore, acknowledges and substantiates, that mediation has become one of the fastest growing industries in the country. With the provision of statistics and the underlying reasons for its success, the extent to which mediators are used is demonstrated.
The paper continues by identifying the training which has become available to mediators via the American Bar Association (including the "new" attitudes about those who graduate law school with credits in mediation courses), most progressive law schools, and in the increasing use of community programs for the benefit of all ages. Thereafter, the paper continues with an extensive examination of how individuals and businesses select mediation, and why it is necessary to distinguish between the objectives sought in ADR and litigation. Following this examination, the paper lists the specific qualities which combine to produce a superior mediator, what are their contributions and limitations, and an overview of how effective mediators are.
The last part of the paper is a figurative walk through the process with a mediator, and identifies the how, what, where, when and why of the mediator and the service provider. The paper ends by acknowledging what research on mediators has uncovered, what should have been thereby learned, and what positive actions may be taken in the future as a result.
Increasing numbers of organizations and individuals are offering mediation services as an alternative to the traditional adversary legal process. Mediation is a comparatively new service. In mediation, parties work together to clarify their problem, to identify areas of agreement, and to devise ways to achieve a mutually acceptable resolution to their dispute. In...