The Importance of Mediation as an Alternative Dispute Resolution Method

Mediation is an alternative dispute resolution method, a more flexible and informal approach aimed at creating a mutually beneficial agreement between two or more parties. It involves direct communication between parties, often with a third-party facilitator, to identify and address their interests and needs. The major objective was an attempt to evaluate the importance of mediation. The specific objectives were to a) identify the advantages of mediation b) critically investigate common challenges faced during mediation c) evaluate different stages during the mediation process. To achieve these objectives use was made of desk research design, and the findings suggested that, in essence, mediation provides an efficient, flexible and party-driven process facilitated by a neutral third party to resolve conflicts through mutual understanding and compromise, avoiding the adversarial nature of court proceedings. The diverse challenges during mediation stem from the dynamic nature of disputes, managing emotions and expectations, lack of training, power imbalances, blending different approaches, and ensuring procedural fairness while upholding core mediation principles. The mediation process involves pre-mediation preparation, choice of the mediator, intake assessments, opening statements, goals and common ground, setting of agenda and negotiation proper, private sessions and agreement documents, follow-up if required. Get your case in good shape before mediation by the parties must understand their claim’s details, supporting documentation, and potential weaknesses. Select a mediator with relevant expertise and a track record of facilitating settlements and they must approach each other with an open mind and willingness to compromise and focus on practical solutions rather than legal arguments. Be prepared to make concessions to reach an agreement. Draft Settlement Agreement in advance, prepare a draft settlement agreement before the mediation to streamline the process if an agreement is reached and consider Lawyer-Supported Mediation.

Key Words: Mediation, Dispute Resolution, alternative dispute resolution, third-party facilitator.