Legislators in a number of jurisdictions worldwide are turning to alternative methods of dispute resolution, such as mandatory mediation, in response to the rise in disputes that are currently putting pressure on global court systems. This rise has been partly caused by an increase in global commercial trade that has resulted in the occurrence of complex commercial disputes.
What Is Mediation?
Mediation is an interactive, structured process where an impartial third party assists the disputing parties in a neutral manner to resolve conflict. Alternative dispute resolution experts such as Edgar Paltzer use specialized communication and negotiation techniques, which are typically deployed as part of the mediation process. The primary focus is usually upon the rights, needs and interests of the parties.
In law, a mediator often assists the parties to negotiate a settlement in a range of domains, such as commercial, diplomatic, the workplace and the family. Take a look at the embedded PDF for more information about the different types of mediation processes.
What Is Mandatory Mediation?
The term mandatory mediation refers to the process of court-ordered mediation. Jurisdictions that have already implemented the use of this process include Turkey and Ontario. The use of mediation as a means of alternative dispute resolution can allow the courts to, in some cases, order the disputing parties to take part in the mediation process, which is likely to also be a cost-saving measure.
Alternative Dispute Resolution Methods
As well as mediation, alternative dispute resolution encompasses other techniques including conciliation, arbitration, negotiation, settlement conferences and neutral evaluation. The aim of these alternatives is to establish successful and appealing forums for parties in conflict while also relieving the pressure on an overburdened court system.
The Benefits of Mediation
As well as being a potential cost-saving measure, there are many other benefits to mediation. For example, mediation is a confidential process in comparison with a court hearing, which is generally public. No-one apart from the parties involved and the mediator will know what has taken place. Furthermore, mediation usually increases the control that the disputing parties can exercise over the resolution, meaning that it’s more likely to culminate in a resolution that’s satisfactory to both parties. Mediators are trained to work in difficult situations and are able to guide the parties through the process, helping them to think ‘outside the box’ and thereby broadening the range of possible solutions available. Finally, the compliance rate regarding the mediated agreement is usually high, as it has been reached by both parties working together to achieve a mutually acceptable outcome.