Participants
The parties choose a neutral third party
to help them communicate and negotiate with each other. The mediator
is only responsible for the process, not the solution.
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Process
The mediator sets the phase, although the
choice to participate, and the level of formality, is up to the individuals.
The mediator establishes an agreement to mediate and creates a problem
solving environment. Then the mediator elicits the parties perspectives.
They listen to each party, and reiterate their statements into neutral
language, which the receivers can process the message acceptably. The
mediator listens for their interests and feelings.
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Solution
The the mediator establishes a problem
solving agenda. The parties gather information and find alternative
solutions. The parties negotiate, with the help of the mediator, and
agree on a solution. The agreement is a valid written contract.(Leonard,
pg111)
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Advantages
The biggest advantage to mediation is that
the parties are free to choose the solution. Since they designed and
agreed to the solution, they are more likely to abide by it. The process
is private, therefor your business and personal matters are not part
of public record. The cost is much less than litigation. Since emotional
issues are discussed and resolved as well as substantive issues, the
relationship of the parties is usually enhanced by the process.
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Disadvantages
Some parties may still try to take advantage
of a lower power person, although the mediator is there to control the
communication process. The solution may be a matter of public concern,
so, some issues may need to be reviewed by the courts to set legal precedence.
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Energy
1. Channel\Speed
Mediation is fairly fast - whenever both
parties can get together with a mediator, the problem can be resolved.
School peer mediation programs may solve the problem at the time of
occurrence or at least the same day.
2. Encode\Understandability
How does a mediator uses these functions
to accelerate the positive communication energy? The mediator encodes
the messages so that both the interests and feelings are understood
by both people.
3. Decode\Acceptability
The mediator takes a "disfunctional
statement" and alters the frequency so that the receiver hears.
They will both see their perceptions in a "different light".
The light the mediator shines on the statement, will allow both parties
to see through their darkness. The mediator neutralizes the frequency
so as not to stir up past holographic records.
4. Message\Important
- The message will be important because
the parties will hear that their needs are trying to be met. Sometime
the message is new because they may not have understood the other
person's needs before, or know what their true interests were.
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