About Mediation
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 HISTORY OF MEDIATION:
Many people think that mediation is relatively new, however, mediation goes way back in time.
The ancient Phoenicians and the Greeks used mediators in commerce and the Romans recognized mediation in their law. The Romans often referred to those using the mediation process as mediators.
Confucius taught that the best way to resolve disputes was through agreement rather than coercion. In Japan and African communities, a respected member of the community would help parties resolve conflicts.
Mediation has also played an important part in different religions. In Judaism, the Talmud highlights the advantages of mediation over a legal decision finding for one party or the other and Islamic culture has a long tradition of mediation and conciliation as preferred approaches to disputes. During the Middle Ages, Christian clergy often mediated disputes.
MEDIATION IN MODERN TIMES:
Mediation by definition is when two or more parties who are having a conflict sit down with a trained neutral party who assists them in reaching a voluntary and equitable decision, where they alone have control of the outcome. It is a process of Alternative Dispute Resolution (ADR), which provides an alternative to the adversarial system that casts people as opponents.
Mediation is now playing an increasing role in conflict resolution and is used in practically all types of conflict resolution: separation/divorce; post divorce; family disputes; making decisions for an elderly parent, relative or friend; employment and civil disputes; personal injury claims or malpractice claims and school conflicts. The list goes on and on.
Courts now frequently mandate mediation if the Judge feels that mediation will be more advantageous over the adversarial judicial process. For instance, in family issues where children are concerned, mediation has been shown to be especially beneficial for the children. Lengthy litigation is often harmful to them. The mediation process emphasizes maintaining the family communication and relationships in order to ensure continuity and emotional security for the children.
WHO IS A MEDIATOR AND WHAT DOES ONE DO?:
The mediator is a trained neutral party who facilitates a conversation between two or more parties to find mutually agreeable solutions to their conflicts. The mediator is there to help the parties involved explore options and encourage all parties concerned to brainstorm and to think outside the box.
Mediation may be facilitated by a single mediator or two mediators / co-mediators. The mediator does not make decisions for the parties. The mediator helps the parties communicate with each other in a constructive and respectful manner. All parties, therefore, have the opportunity to be heard and have their voice count, their opinions considered and validated.
The mediator is empathetic, non-judgmental and always acknowledges the views of all parties. The mediator will ask questions to clarify the issues and try to uncover any related underlying concerns. From there, the parties themselves will generate options that may resolve the dispute and it will be one that they decided upon voluntarily. And, if legal questions should arise, all parties are encouraged to seek independent legal counsel throughout the mediation process.
Mediators come from many disciplines; however, they do not wear more than the one hat while performing the role of a mediator. For instance, an attorney who is acting as a mediator will not give legal advice, or a mediator who is also a mental health professional will not perform psychotherapy.
BENEFITS OF MEDIATION: BASICALLY IT IS A WIN/WIN SITUATION:
 It is needs based rather then wants based. The reason why someone needs something is what is focused upon as opposed to his or her desire to want it. It is shorter in duration than litigation, and therefore less expensive. Mediation leaves parties more satisfied with the solutions because they have mutually agreed upon them, rather than having them imposed by a third party. It is more likely to lead to compliance because the parties have reached their own agreement, not an agreement imposed by a stranger. Mediation leads to decisions that are workable solutions to the disputes, again promoting greater compliance. The parties tailor their settlement to their particular situation. Gains and losses are more predictable because the negotiating parties have more control over the outcome. A sense of personal empowerment can be created, where a party may learn to exercise their personal power or influence. It is more likely to preserve a workable relationship than will an adversarial process. It can create a problem-solving atmosphere, setting the stage for negotiating and resolving future differences, rather than remaining as adversaries. For all these reasons, mediated settlements tend to hold up better over time. THE PRODUCT:
The mediator will prepare a written agreement, or “memorandum of understanding” (MOU). The MOU outlines the agreement that the parties have agreed upon in detail and the precise terms for carrying it out. Once the agreement is written all parties review it and make any additions or corrections to it. The agreement is then signed by the parties and the mediator or co-mediators. It is not a binding agreement. It must finally be drawn up by an attorney in order to make it binding.
Settlements happen faster, easier, and less expensively
when Mediation is used.
DISCOVER WHAT A MEDIATOR CAN DO FOR YOUR FAMILY.
Copyright © 2006 Clarksville Mediation Services, LLC
7399 Hopkins Way, Clarksville, Maryland 21029
Phone: 301-483-8777
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