Interpretation of Mediation as the Method of Expressing the Will of the Parties (original) (raw)
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The Role and the Techniques Used by the Mediator in the Mediation Process
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Title: Mediation and Conflict Resolution
Title: Mediation and Conflict Resolution, 2023
Mediation and conflict resolution are essential processes for managing and mitigating disputes that arise in various contexts, from interpersonal relationships to international diplomacy. This abstract delves into the significance of mediation, its key principles, and the role it plays in resolving conflicts. Mediation is a structured process in which a neutral third party, the mediator, assists disputing parties in finding mutually acceptable solutions to their problems. It offers an alternative to litigation and provides a space for open communication, allowing the involved parties to express their concerns and interests. Mediation has gained prominence in recent years due to its effectiveness in fostering collaboration, preserving relationships and reducing the emotional and financial costs associated with adversarial proceedings. One of the central principles of mediation is neutrality. The mediator must remain impartial and not take sides in the conflict, ensuring that each party feels heard and respected. This impartiality promotes trust and cooperation among the disputing parties, increasing the likelihood of a successful resolution. Additionally, mediation is voluntary, meaning that participants willingly engage in the process, empowering them to make informed decisions about the outcome. Conflict resolution, on the other hand, is the ultimate goal of mediation. It involves addressing the underlying issues and finding solutions that satisfy the interests of all parties involved. These solutions can range from simple agreements to complex settlements, depending on the nature and complexity of the dispute. Conflict resolution through mediation is not limited to interpersonal disputes but extends to broader applications, including workplace conflicts, family disputes, and international negotiations. In the workplace, mediation is a valuable tool for addressing conflicts between employees or between employees and management. It can foster a healthier work environment, boost morale, and enhance productivity by addressing underlying issues. Similarly, in family disputes, such as divorce or inheritance conflicts, mediation can help maintain relationships and reduce the emotional toll on all parties, particularly children. On an international scale, mediation is crucial in averting and resolving conflicts that could escalate into full-fledged wars. Skilled mediators and international organizations play a critical role in facilitating negotiations between nations, promoting peace, and ensuring global stability. Mediation and conflict resolution are vital processes for addressing disputes and fostering cooperation at various levels, from personal relationships to global diplomacy. The principles of neutrality and voluntariness guide mediation, ensuring that participants have control over the outcome. The ultimate aim of mediation is conflict resolution, which not only settles immediate issues but also helps maintain relationships and prevent future disputes. The importance of mediation in promoting peace, understanding, and collaboration cannot be overstated, making it a powerful tool in today's interconnected and often contentious world
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This publication contains the academic and practice-oriented articles, which represent achievements in the use, teaching and promotion of mediation in the countries participating in the MEDIATS project (Netherlands, Latvia, Spain, Germany, Georgia, Azerbaijan and Ukraine). The value and uniqueness of this collection of articles is the description of the diversity of approaches to the use of mediation - both legal and managerial backgrounds. The publications are the quintessence of the unique experience of the countries participating in the project, which can be studied and comprehended for the further development of mediation, a culture of conflict resolution, and the organization of dialogues. The collection will be useful to practising mediators, lawyers, attorneys, judges, business owners and managers, as well as students of educational programs in the field of mediation and conflict management.
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Mediation plays very important role in conflict resolution. This article describes and analyzes the role of mediation in the conflict resolution process. It discusses what skills a successful mediator should possess. Scholars and experts agree that a good mediator should have the appropriate knowledge, skills, sense of humor, tact, and detailed information about the conflict in which he or she intends to engage. Resolving conflicts is one of the most difficult and complicated issues, which requires special skills and talents. Various methods are used to resolve the conflict (negotiation, mediation, facilitation, arbitration, etc.) International conflict or international disputes are regulated in exactly the same way as disputes within a country. Initially, the parties try to resolve the issue through diplomacy. Although resolving disputes through diplomacy is a priority, when the negotiation process comes to a standstill, the parties turn to a mediator. Good Mediator tries to gain the trust of the rivaling parties and remains neutral and impartial during the conflict resolution process. Various mediation strategies are also analyzed in detail, such as communication-facilitation strategy, procedural strategy and directive strategy. This article describes main factors that need to be considered to properly manage the mediation process.
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Part of modifications brought through 370/2009 Act to the 192/2006 Law concerning mediation and structure of mediator profession have been interpreted as establishing a preliminary mediation procedure before intimating the courts of law, in civil and commercial matters. This interpretation is in excess of operative legal provisions. Although the law in modified form stipulates the compulsoriness of judicial authorities and other jurisdictional bodies to inform the parties about the possibility and the advantages of using mediation procedure and the obligation to guide the parties to resort at mediation, this circumstances does not affect the mediation particular voluntary nature.