Every day in the world there are various conflict situations, sometimes their outcome can be satisfactory only for one of the parties, and sometimes the way from conflict to reconciliation of warring parties can occur with a positive course for both. So one of the methods of conflict resolution, with the participation of a third party, which is neutral, which is only interested in resolving a dispute, is the mediation procedure.
In the right, mediation is one of their alternative conflict resolution technologies. The third party is the mediator with which the parties develop a specific agreement on the conflict situation. The parties control the process of adopting an alternative in order to settle and resolve the dispute.
The principles of mediation are as follows:
- Confidentiality.
- Mutual respect.
- Voluntariness.
- Transparency and honesty of the procedure.
- Equality of the parties.
- Neutrality of the mediator.
It is worth noting that the concept of mediation arose in ancient times. In history, the fact of similar cases in the trade between the inhabitants of Babylon and the Phoenicians is known.
As a modern method of conflict resolution, mediation has been developing since the second half of the 20th century, in Australia, the United States, and the United Kingdom.
Types and techniques of mediation:
- Transformative. Participants can independently determine the course of mediation. The third party, the mediator follows them. The key components of this kind are hearing and hearing. As a result, participants should be more sensitive to each other's needs, try to understand them.
- Restorative. Conditions are created for dialogue, the main goal of which is the restoration of relations between the warring parties. That is, in this case, the main task of the mediator is to create the necessary conditions for the parties and their dialogue
- Mediation to solve problems. Focusing on the interests of the parties, not on their positions. The mediator initially suggests that the parties show their positions, then helps them find and recognize common interests.
- Nervative. The mediator and the conflicting parties continue to influence each other during the dialogue.
- Family-oriented. This species is based on the regulation of family conflicts, intercultural and disputes between different generations.
Consider the stages of mediation that make up the process itself.
- Trust and structuring (from this stage lays the foundation for the relationship of the parties, which will be observed throughout the mediation process).
- Analyzing facts and identifying existing problems (this stage is aimed at analyzing the facts that are significant for identifying problems, this process partly originates from the end of the first stage).
- Search for alternative solutions (an overview of all the problems, the definition of the main solutions and the search for solutions that may be hiding in the requirements and problems of both sides).
- Decision making (the main task of this stage is the joint work of the participants in the decision making, which will be for them
optimal). - Drafting of the final document (an agreement, plan or document is made in which the decisions to which the conflicting parties came are clearly stated).
It should be noted that the mediation process helps to reach an agreement and a certain agreement without the emergence of a new conflict between the parties, that is, with respect of the parties to each other. Equally important is the fact that mediation supports the autonomy of each conflicting party and in some cases acts as an alternative substitute for judicial intervention.