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  • Mediatio N Means The Process of Using A Neutral Third Party To Intervene in Order To Solve A

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    Sreykun Bunthoeun
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    Mediation involves using a neutral third party to help resolve a dispute. The mediator guides information exchange and bargaining between parties to help them reach agreement. Key steps in mediation include selecting an impartial mediator with relevant experience and briefing the mediator on the dispute facts, applicable law, evidence and strengths/weaknesses of each side to prepare them to manage the mediation session. The goal is for the mediator to help the parties resolve misunderstandings and finalize a settlement.

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    Alternative dispute resolution course.

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    ADR

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    Mediation involves using a neutral third party to help resolve a dispute. The mediator guides information exchange and bargaining between parties to help them reach agreement. Key steps in mediation include selecting an impartial mediator with relevant experience and briefing the mediator on the dispute facts, applicable law, evidence and strengths/weaknesses of each side to prepare them to manage the mediation session. The goal is for the mediator to help the parties resolve misunderstandings and finalize a settlement.

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    7 views2 pages

    Mediatio N Means The Process of Using A Neutral Third Party To Intervene in Order To Solve A

    Uploaded by

    Sreykun Bunthoeun
    Mediation involves using a neutral third party to help resolve a dispute. The mediator guides information exchange and bargaining between parties to help them reach agreement. Key steps in mediation include selecting an impartial mediator with relevant experience and briefing the mediator on the dispute facts, applicable law, evidence and strengths/weaknesses of each side to prepare them to manage the mediation session. The goal is for the mediator to help the parties resolve misunderstandings and finalize a settlement.

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    © All Rights Reserved
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    of 2

    Mediation means the process of using a neutral third party to intervene in order to solve a

    dispute. The mediator assists the resolution of the party’s dispute by guiding the information-
    exchange and the bargaining process. The mediator assists the parties in resolving false
    expectations and reaching points of agreement. Additionally, he or she might make original
    suggestions and help with the drafting a final settlement. The mediator's job is to
    interpret concerns, interact with the parties, frame issues, and analyze the problems.
    1. Initiating mediation
    Mediation often occur if these three circumstances exist:
    1. The parties have a dispute resolution clause in their pre-existing contract that
    choose mediation.
    2. The parties decide to engage in mediation after a dispute has arisen.
    3. A court has ordered or advised the parties to engage in mediation.
    In #1 and #2, before starting mediation, each party need to send the written invitation
    to mediate the dispute and it contains the location and rules for mediation. Each party
    may accept or reject that invitation but if other side accepts, then both parties would
    proceed to set up the rule and search for a mediator. However, if the other side rejects,
    there will be no mediation. In order the parties have a mediation clause in their pre-
    existing contract and one party refuse to agree with the mediation, the other party can
    seek a court order requiring mediation. In case the court order will advise that party to
    engage in mediation but court cannot order that party to agree with any settlement in
    mediation.

    2. Selecting a mediator
    A key step in any mediation is the selection of a mediator. Anyone can be a mediator.
    And come from many different backgrounds. It is possible to consist with two or three
    mediators depend on the party’s interest. However, if it is not a very clear reason to do
    so, it will be much better with only one mediator. Furthermore, if both parties cannot
    agree or decide which meditator should they choose, the mediation center will provide
    or appoint a mediator for the case. Before selecting a mediator, there are some issues
    that we need to consider. If the mediator:
    - Completely neutral person
    - Knowledgeable with legal background
    - Experience and training in mediation
    - Availability and affordability

    3. Briefing the mediator


    After the parties have chosen a mediator, they have to prepare for the upcoming
    mediation session. Normally, the first task is to provide the information to the
    mediator about the dispute. Then, the mediator may designate this information as
    confidential and cannot share with other party. If this information is not appointed as
    confidential, the parties should keep it safe when they provide the information. In
    simple cases, the mediator might need little information to support in the session.
    However, in complex cases, the parties need to prove their written briefs explaining
    that related to the facts in the dispute, the applicable law is also needed and
    documentary evidence that support each party. Mediator might want to see and know
    about any court pleadings that have been filed, any witnesses that are prepared to
    testify for each side, and about the strengths and weaknesses of their side also any
    prior attempts to resolve the dispute. All of this pre-mediation information helps the
    mediator more convenient to control the mediation session. Each party cannot select
    the location by themselves during mediation session. The mediation has a right to
    choose the location and it must be a neutral location or any place that is convenient
    and comfortable for parties and it also gives the privacy to the participants.

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