Mediation Explained by Shane Irvine, J.D.

Mediation is a skill that all entrepreneurs and business managers need to possess. Often, the subject matter of some issues may be so technical that it is better mediated by the litigants who understand the more acute dynamics involved, rather than by attorneys. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community, and family matters. The term “mediation” broadly refers to any instance in which a third party helps others reach an agreement. More specifically, mediation has a structure, timetable, and dynamics that “ordinary” negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process. It’s vital to define the conflict and be able to examine various avenues leading to resolution. It is also necessary to recognize not all conflicts are capable of reaching a final resolution. Both parties must be willing to communicate with each other to understand each party’s position. Be sure to take notes and develop an outline so as to develop a clear picture of how the mediation process works.