You might be surprised at how little you actually know about mediation. Mediation is an ancient concept whose origins are difficult to trace. It is something that we all experience on a daily basis in many forms. This brings us to the crucial question: What is mediation?
The concept of assisted negotiation is mediation. A third party may be involved in negotiations between two parties to facilitate a satisfactory resolution of a dispute. In a divorce settlement, for example, the parties may come to an agreement themselves or hire legal counsel. They may also choose to have the divorce mediation services and appoint a single mediator for both.
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These key characteristics are common to all mediation processes and help to distinguish mediation from an adversarial process like those overseen or controlled by the courts. Mediation is voluntary. Both parties can withdraw from the negotiations at any moment and for any reason.
This is essential to mediation's spirit and atmosphere, which seeks to reach an agreement between the parties. Independent mediators do not have the power to place conditions on any party. Any measures are subject to the agreement of both sides.
Although mediation is generally confidential, there are occasional exceptions. The mediation forum is confidential, so both parties can freely voice their concerns without fear. This makes it an attractive option for sensitive workplace disputes.
The materials and records created during mediation are not admissible in court. Independent mediators are always required to disclose details about the confidentiality guarantees given to participants in mediation.