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What is mediation? Mediation comprises an act of bringing two states, sides or parties in a dispute closer together toward agreement through alternative dispute resolution(ADR), a dialogue in which a (generally) neutral third party, the mediator, using appropriate techniques, assists two or more parties to help them negotiate an agreement, with concrete effects, on a matter of common interest. More generally speaking, the term "mediation" covers any activity in which an impartial third party (often a professional) facilitates an agreement on any matter in the common interest of the parties involved.Mediation applies to different fields, with some common peculiar elements and some differences for each of its specialties. The main fields of mediation include commerce, legal disputes and diplomacy, but forms of mediation appear in other fields as well. Mediation in marriage technically belongs in the category, although it has followed its own peculiar history since the times of ancient Greeks: compare marriage counselling.Mediation as a process involves a third party (often a neutral third party) assisting two or more persons, ("parties" or "stakeholders") to find mutually-agreeable solutions to difficult problems.People make use of mediation at many different levels and in multiple contexts: from minor disputes to global peace-talks. This makes it difficult to provide a general description without referring to practices in specific jurisdictions - where 'mediation' may in fact have a formal definition and in some venues may require specific licenses. This article attempts only a broad introduction, referring to more specific processes (such as peace process, binding arbitration, or mindful mediation) directly in the text.While some people loosely use the term 'mediation' to mean any instance in which a third party helps people find agreement, professional mediators generally believe it essential that mediators have thorough training, competency, and continuing education. The term is also sometimes incorrectly used to refer to arbitration; a mediator does not impose a solution on the parties, whereas an arbitrator does.While mediation implies bringing disputing parties face-to-face with each other, the strategy of "shuttle diplomacy", where the mediator serves as a liaison between disputing parties, is also sometimes used when face-to-face mediations are not possible.Some of the types of disputes or decision-making that often go to mediation include the following:Family: Prenuptial agreements, Financial or budget disagreements, Separation, Divorce, Financial distribution and spousal support (alimony), Parenting plans (child custody and visitation), Eldercare issues, Family businesses, Adult sibling conflicts, Disputes between parents and adult children, Estate disputes, Medical ethics and end-of-life issues.Workplace: Wrongful termination, Discrimination, Harassment, Grievances, Labor management. Public disputes: Environmental, Land use.Disputes involving the following issues: Landlord-tenant, Homeowners' associations, Builders/contractors/realtors/homeowners, Contracts of any kind, Medical malpractice, Personal injury, Partnerships, Non-profit organizations, Faith communities.Other: Youth (school conflicts; peer mediation); Violence prevention, Victim-Offender mediation.Mediation commonly includes the following aspects or stages: a controversy, dispute or difference of positions between people, or a need for decision-making or problem-solving;, decision-making remaining with the parties rather than imposed by a third party;, the willingness of the parties to negotiate a positive solution to their problem, and to accept a discussion about respective interests and objectives;, the intent to achieve a positive result through the facilitative help of an independent, neutral third person.In the United States, mediator codes-of-conduct emphasize 'client-directed' solutions rather than those imposed by a mediator in any way. This has become a common, definitive feature of mediation in the US and in the UK.Mediation differs from most other adversarial resolution processes by virtue of its simplicity, informality, flexibility, and economy.Due to the particular character of this activity, each mediator uses a method of his or her own (a mediator's methods are not ordinarily governed by law), that might eventually be very different from the above scheme. Also, many matters do not legally require a particular form for the final agreement, while others expressly require a precisely determined form.Most countries respect a mediator's confidentiality.
References: http://en.wikipedia.org/wiki/Mediation#Mediation