WHAT IS MEDIATION?
Mediation is an amicable dispute resolution method
where parties could apply forin order to resolveany
disputes, they encounter with the help of an
impartial third person, without referring to the
court or while the court process is ongoing.
Amediator in a mediation center brings the parties
together to engage in discussions and negotiations
by implementing systematic techniques to let them
understandeach other and to generatetheir solutions
themselves and to establish a communication process
between themselves. Whereas a mediation process
could be in the form of facilitative mediation which
helps the parties find their own solutions, it could
also take place in the form of evaluative mediation
where the mediator provides recommendations on a
suitable solution.
Advantages of
Mediation?
Mediation negotiations are confidential unless
otherwise agreed. Negotiations during mediation
could not be disclosed by the parties or by the
mediator. In case that the mediation process ends up
with disagreement, the information and documents
obtained in the negotiations may not be used as
evidence in a case that could be possibly brought to
the courtafterwards. The parties may not be forced
to refer to mediation.
Since the parties have the opportunity to freely
express themselves in the company of a trained
mediator, anymisunderstandings arising from lack of
communication can also be eliminated. Parties who
thus understand each other better have the
possibility to better shape their future relations.
In the mediation process where claims and interests
become clarified, it is possible to reach
settlementswhich make both parties happy and which
are effective at a level that could not even be
imagined at the court, as mutual recommendations for
solution are negotiated. This feature of mediation
enables the parties to comply with the
settlementsconcluded as a result of mediation of
their own volition and not by using legal force.
Mediation takes its power from being future-oriented
and from the fact that the parties mostly continue
their relations at the end of the process, thus
ensuring happiness and peace. The most important
advantage of mediation is that it provides the
parties with an opportunity to leave past problems
behind and plan for the future so as to prevent
thereoccurrenceof the same problems. Furthermore,
the most important feature of mediation is that it
is a procedure that is voluntary, not binding,
confidential and that observes the interests of the
parties.
DOSTEL MEDIATION TRAINING, CONSULTANCY CENTER
DOES NOT COMPROMISE WITH ITS ETHICAL PRINCIPLES. .
Dostel mediation and alternative dispute resolution center, training, consultancy, and trade inc.© 2019 | serkaen.com