Mediation is the process of bringing two conflicting parties to a resolution. The resolution may not be agreeable by either or both parties but it is a working platform where both parties are properly represented and results favor both.
There are different kinds of disputes which can be classified based on parties involved i.e. company to company, individual to a company, individual to individual, or even a company and or an individual against the state. The classification can further be broken down to the nature of the conflict which includes contract disputes and insurance claims, human rights, union conflicts and the list is endless. All this groups needs mediation platform that involves mediators; a group of professionals trained to handle these kinds of conflicts and dispute resolution.
Mediation comes in as a solution to delays in court processes that involve a lot of changes, backlogged court systems with a lot of pending court cases and proceedings and overburdened legal system so strained to give proper judicial leverage. Mediators operate on a very neutral ground in order to offer both sides an equal and resourceful solution to their conflicts. Mediators are particularly trained in a particular niche in conflict resolution to be experts in specific areas of conflict.
Mediators bring together the two groups in conflict; they take time to attentively listen to each side. Mediators also advice theses two group on the legal implications to the nature of the conflicts. They walk each group through resolution process until the two groups resolve their differences. Mediators are recognized by the state and therefore, they are enforced to resolve disputes. In fact the state recommends this kind of resolution because it eases the justice system consequently reducing the backlog on the judicially and still give a balanced solution. The mediators are trained in institutions recognized by the state. That credits them to be able to handle conflicts within their docket of training.
When the two conflicting groups come to a conclusive resolution, then a binding document is drafted which is recognized by law. This document binds the agreement between the two parties making it legal.
The mediators also help the parties interpret law on the area of conflict. The reason for this is because some conflicts are minor and getting involved in a legal tussle is expensive with no apparent gain. The client is made aware of the consequence of pursuing it further. Some clients are ill informed therefore they end up making the wrong moves that can get them into deeper problems. Mediators’ advice the two parties on how to deal with these kinds of issues. Finally, the level of conflict can be major involving land, cooperates and human rights violations or even the government. Mediators come in exclusively to resolve and advice their clients on how to go about this situations and benefiting from resolution.
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