What is Mediation? Principles, Process, Methods

Mediation is a voluntary and confidential alternative dispute resolution (ADR) methodology in which a neutral third-party, the mediator, helps disputing parties resolve conflicts using a structured process that facilitates communication and negotiation . Mediation helps conflicting parties create consensual and long-lasting resolutions, without the need of formal litigation. The principles of mediation include impartiality, self-determination, and a focus on mutual agreement. The mediation process includes an opening statement, joint discussions, private caucuses, and a final agreement. The methods utilized by mediators include active listening, open dialogue facilitation, clarification of issues, and the exploration of creative solutions.

The types of mediation include facilitative, evaluative, and transformative. Facilitative mediation focuses on helping the parties generate their own solutions to the dispute. Facilitative mediation is commonly used in family law disputes or divorces. Evaluative mediation focuses on providing expert opinions or recommendations. Evaluative mediation is used in commercial disputes, insurance claims, and real estate disputes. Transformative mediation focuses on transforming the relationship of the disputing parties to help resolve differences. Transformative mediation is used in workplace disputes, community disputes, and family disputes such as divorce or custody disputes.

Mediation’s use in law is beneficial to court systems by providing a methodology to resolve a variety of disputes without the need for a trial. The use of a mediation service by individuals and organizations helps reduce court costs and case backlogs for courts handling family, commercial, workplace, civil, and environmental disputes.

What Are the Principles of Mediation?

The principles of mediation are listed below.

• Voluntary participation – all parties must willingly agree to participate in the mediation, and can withdraw at any time.
• Self-determination – parties have control over the outcome of the mediation process because they are actively involved in the decision-making process and the shaping of a settlement.
• Impartiality and Neutrality – the mediator is neutral and impartial, while facilitating communication to help the parties find common ground.
• Confidentiality – mediation is a confidential process that allows parties to speak freely and without fear of repercussions.
• Informality – mediation is a less formal process than a formal courtroom setting. An informal setting helps encourage open communication and creative problem-solving.
• Mutual Respect – the mediator creates an environment of mutual respect and constructive interaction in which parties can work towards mutually agreeable solutions.
• A Focus on Interests, Not Positions – mediation helps parties find creative and acceptable solutions by focusing on each others interests rather than rigidly defending their positions.
• Facilitation of Communication – the mediator facilitates communication between the parties, allowing them to express their perspectives, feelings, and concerns.
• Mutual Agreement – the goal of mediation is to reach a mutually acceptable agreement or settlement that is fair to all parties.
• Focus on the Future – mediation places emphasis on finding solutions to move forward rather than focusing on past issues.
• Fair and Balanced process – the mediation process helps provide a fair and balanced process for all parties to voice their concerns and ensure that power imbalances are minimized.

The above principles create a structure that is useful for resolving a wide range of disagreements including commercial, family, environmental, and community disputes.

What Are the Steps in the Mediation Process?

Mediation is a structured process that involves a neutral third party mediator facilitating negotiation between parties in who are in disagreement. The mediation process follows the six steps listed below.

1. Mediator’s Opening Statement
2. Opening Statements of the Parties
3. Joint Discussions
4. Private Caucuses
5. Joint Negotiation
6. Closure

The steps in the mediation process are managed by the mediator in order to achieve the best possible outcome for the participants.

Mediator’s Opening Statement 

In the mediator’s opening statement, they introduce the parties involved and describe the mediation procedure. The mediator assists the parties in determining the location, date, and participants of the mediation session. After the disputants are seated at a table, the mediator introduces everyone, explains the mediation’s goals and rules, and encourages cooperation toward a settlement.

The purpose of the mediator in the opening statements is to set out the ground rules for the mediation. These ground rules facilitate mediation. The mediator usually lets attorneys confer, but clients must speak when given the opportunity.

The content of the opening statements outlines the role of the participants and demonstrates the mediator’s neutrality. Inform parties of mediation’s steps. Some mediators comment on the issue and confirm case data if briefs have been pre-submitted. The mediator establishes protocol and timeframe for the session. The mediator’s opening statement informs the parties of their rights, expectations, and the mediation process.

Opening Statements of the Parties 

In the opening statements of the parties present their respective positions, interests, and objectives for the mediation.

The purpose of the opening statement of the parties is to give each side the opportunity to tell their story uninterrupted. The statement is not necessarily a recitation of the facts, but it is meant to give the parties a chance to think about how they see the issues and to give the mediator more information about how each party is feeling. If lawyers are there and they make the first statement, the mediator will then ask the client to say something. The reason for stating the problem isn’t to find the truth; it’s just a way to help solve the problem.

The content of the opening statement of the parties includes description of the dispute and its consequences. Most opening statements are short and focus on the most important facts. As much as possible, they are told in chronological order.

Joint Discussions 

In Joint Discussions Parties and the mediator exchange information, clarify issues, and identify areas of agreement and disagreement. After each side’s opening remarks, the mediator and disputants ask questions to better understand each party’s needs and concerns. Mediators translate what they hear and ask for clarification because disputing parties often have trouble listening. Mediators identify barriers and help parties move forward if they get stuck.

The Purpose of the joint discussion is to understand why the two sides have such different views.

The content of the Joint session includes open-ended questions to get to the emotional undercurrents. The mediator will frequently summarize and may repeat to the parties’ key concepts. This assists the mediator in establishing rapport with the parties, particularly when a facilitative style is employed. After the joint discussions, the mediator holds caucuses as required.

Private Caucuses 

A private caucus is a private meeting with each party to explore options, generates solutions, and breaks impasses.

The purpose of the private caucuses is for the mediator to meet the party privately and find the common goals between the parties. Each side is housed in its own room. The mediator moves between the two rooms to discuss the advantages and disadvantages of each position and to make offers. During the time allotted, the mediator continues the exchange as needed. These private meetings are the heart of mediation.

The content of the private caucuses include gathering new information about the interest and concerns of the parties. The information shared in the caucus remains confidential.

After caucuses, the mediator may reassemble the parties for joint negotiations.

Joint Negotiation 

Joint negotiation is a process by which two or more parties with different goals and perspectives coordinate areas of interest through concessions and compromise to reach an agreement and make a joint decision about common concerns.The purpose of the joint negotiation is to determine if there is any area of agreement between the parties on any issue.

The content of joint negotiation includes formulating ideas and proposals that meet each party’s core interests. The mediator leads the negotiation with all parties present in the same room, or can engage in “shuttle diplomacy,” moving between the teams to collect ideas, proposals, and counter proposals.

Closure 

The last step of the mediation process is closure, which means either coming to an agreement or ending negotiation without reaching one.

The purpose of the final step is for the parties to come to a written agreement and have each side sign a summary of the agreement.

The content of the closure step includes drafting the terms of the settlement agreement that are acceptable to the parties.

How to Prepare for Mediation?

Preparation for mediation involves understanding the mediation process, setting clear goals and interests, gathering information, creating a list of issues, establishing priorities, gathering supporting documents, being open to compromise, and considering alternative outcomes. There is a great deal of work involved in preparing for mediation. Using a mediation checklist is an effective way to ensure one is fully prepared.

What Are the Types of Mediation? 

The types of mediation include facilitative evaluative, and transformative. The three types of mediation are listed below.

• Facilitative mediation
• Evaluative mediation
• Transformative mediation

Facilitative mediation focuses effective communication to generate party-driven solutions to disputes. Evaluative mediation involves the mediator evaluating each parties’ case and offering guidance or opinions to help them reach agreement. Transformative mediation focuses on transforming each party’s understanding of themselves and each other foster constructive interaction between the parties.

What is Facilitative Mediation?

Facilitative mediation is a style of mediation in which a professional mediator focuses on creating a voluntary solution between the parties in conflict. This is done by facilitating a structured environment for the parties to express their interests, concerns, and perspectives. A facilitative mediator does not make recommendations or impose decisions on the involved parties. 

The structure of facilitative mediation involves the mediator asking questions, validating and normalizing each parties’ positions, searching for underlying interests, and helping parties find and analyze resolution options. A facilitative mediators utilizes caucuses as well as joint sessions so that disputing parties can hear each other.

Facilitative mediation focuses on creating participant-driven solutions that are acceptable to both parties of the dispute.

What are the Benefits of Facilitative Mediation?

The benefits of facilitative mediation are listed below.

• Party collaboration – because both parties are active participants, they are typically highly invested in the discussed solutions.
• Speedy Resolution– the conversation moves quickly in facilitative mediation.
• Control of solutions – facilitative mediation involves parties proposing their own solutions rather than accepting a mediator’s advice.

The advantages of facilitative mediation make it most effective in disputes that involve interpersonal relationships, ongoing relationships, and a need for parties to jointly identify and create their own solutions. This includes family disputes such as divorce, community disputes, and neighbor disputes.

What are the Disadvantages of Facilitative Mediation? 

The disadvantages of facilitative mediation are listed below.

• Susceptible tp Power imbalances – since a mediator is neutral, a strong partner may be able to force a weaker party to agree to something they will later regret.
• Requires open-mindedness – parties must find their own mutually agreeable solutions. Both sides may have to spend more time and work on the process.

The disadvantages of facilitative mediation make it poorly suited for disputes in which there is an imbalance of power, an unwillingness to participate, or when participants need evaluative guidance on a legal precedence.

What is Evaluative Mediation? 

In evaluative mediation, the mediator is often a legal practitioner who specializes in the area of law relevant to the conflict of the involved parties. An evaluative mediator provides an assessment of the parties’ legal positions by evaluating the strengths and weaknesses of their cases. The mediator can also offer insight into potential outcomes should the case go to court. An evaluative mediator guides the parties toward settlement options that emphasize an equitable resolution and avoid costly legal measures.

The evaluative mediation process starts with joint session opening statements and then parties are separated. The majority of work is accomplished in side meetings.

Evaluative mediation is most effectively used in Intellectual property, business, commercial, employment, personal injury, and insurance disputes.

What are the Benefits of Evaluative Mediation? 

The benefits of evaluative mediation include the following.

• Expert guidance – evaluative mediators are usually legal professionals with experience in the relevant laws involved in the dispute.
• Time efficiency – evaluative mediation is a faster solution than traditional legal proceedings, and the mediator can offer specific solutions to further expedite a mutually agreeable solution.
• Cost efficiency – evaluative mediation helps avoid prolonged legal proceedings and the accompanying legal fees and expenses.
• Realistic outcome expectations – the evaluative mediator’s expertise offers insights into the likely outcome should the dispute go to court, encouraging parties to find solutions on their own.
• Settlement focus – the mediator focuses on finding settlement options that are equitable to both parties. This is especially effective in business and contract disputes.

Because of these advantages, evaluative mediation is best used in situations where legal considerations play a significant role.

What are the Disadvantages of Evaluative Mediation? 

The Disadvantages of Evaluative Mediation include the following.

• Reduced Party Autonomy – in evaluative mediation the mediator takes a more active role in shaping the outcome, causing results that are more influenced by legal considerations rather than each party’s interests.
• Risk of Biased Assessments – evaluative mediators with a legal background may have a bias towards one party’s position over the other.
• Focus on legal positions, not interests – evaluative mediation focuses more on legal positions rather than each party’s interest, resulting in solutions that are less creative due to strict adherence to legal guidelines.
• Potential for Strained Relationships – the focus on legal analysis can lead to a more adversarial atmosphere, causing potential strain on the relationship and hindering future collaboration.

Evaluative mediation is not the most suitable approach when the conflict involves interpersonal or non-legal issues, when the parties have a strong desire for self-determination, or when a transformative approach is needed to ensure the successful continuation of a the relationship between the disputants.

What is Transformative Mediation? 

Transformative mediation is a method of dispute resolution that focuses on the empowerment and personal growth of the disputing parties. In transformative mediation, the role of the mediator is facilitate dialogue and to encourage the parties to recognize and address the underlying issues between them. Transformational mediation emphasizes party autonomy and self-determination and seeks to transform the way the disputants perceive and relate to one another. This approach fosters an improved relationship between the parties, leading to a more constructive approach to conflict.

Transformative Mediation is most effectively used in Workplace Conflicts, Family Disputes, Commercial Disputes, Divorce Disputes and Restorative Justice. Transformative mediation works effectively in the following circumstances.

What are the Benefits of Transformative Mediation?

The benefits of transformative mediation are listed below.

• Empowers parties to solve their own problems. This boosts their self-confidence and ability to resolve future conflicts. Transformative mediation empower parties to resolve their own disputes.
• Improves communication and future relationships by helping parties understand each other’s perspectives and needs. 
• improves parties’ relationships by helping them understand each other and empowers them to solve problems.
• Increases the ability of both parties to make better decisions for themselves; 
• Raises the possibility of a strong, long-lasting agreement.

What are the Disadvantages of Transformative Mediation? 

The disadvantages of transformative mediation are listed below.

• Time-consuming and frequently fails to produce an agreement. 
• Increased possibility of unfair outcomes for weaker parties.  
• Does not prioritize settlement of disputes. It helps parties understand and agree. Mediation guides, investigates, and generates options.
• Transformative mediators don’t offer solutions as it encourages self-determination.

Transformative mediation is not the most suitable approach for disputes in which adherence to legal precedence is important. A transformative mediator’s focus is more on empowering the participants rather than adhering to the rule of law.

What is the Importance of Mediation in the Realm of Law?

Mediation is important in the realm of law because it offers an effective and efficient alternative to litigation, providing parties with greater control over the outcome and an opportunity for a more constructive resolution process. Mediation law is more efficient and less costly than litigation. The parties have a stronger voice in resolving their dispute through mediation. Mediation is confidential and can save or heal relationships that are destroyed by litigation.

Mediation has gained widespread recognition as an efficient means of reducing court workloads. Here are some current applications of mediation that help alleviate court system strain.

• Reducing the Number of Cases That Go to Trial
• Streamlining the Court System
• Reducing Court costs
• Decreasing Court Case Backlogs

As courts have recognized the benefits of resolving disputes through mediation as opposed to formal litigation, mediation’s use in the United States has expanded significantly. Mediation plays a crucial role in reducing the burden on courts by diverting cases away from the court system and encouraging amiable settlements.

How is Mediation Helpful to the Court System?

Mediation is helpful in the court system as it helps in reducing the number of cases that go to trial, streamlining the court process, reducing court costs, and decreasing court case backlogs. Mediation is a form of alternative dispute resolution that can be utilized in a variety of civil and family law disputes.  However, if mediation fails, parties can still pursue litigation. Mediation does not waive the right to file a lawsuit.

Reducing the Number of Cases That Go to Trial

Mediation helps the court system in reducing the number of cases that go to trial. Prior to filing a lawsuit and even during the trial, mediation is regarded as a recognized method for resolving disputes between parties. Focusing on mediation has significantly decreased the number of pending cases, relieving the courts of unnecessary burden and freeing them to decide cases of public importance that require the court’s expertise.

According to court officials, the mediation process expedites the resolution of cases without the need for a trial. Although the process is not new, mediation has become increasingly prevalent.

Mediation is cost-effective and efficient. In states like Florida, most parties mediate their disputes before a court hears them. 

Mediation significantly reduces the number of cases that go to trial because it supports voluntary resolution before going for trial. Mediating helps in several ways.

• Mediation reduces trial cases by encouraging settlement.
• Mediation reduces trial risk by offering customized solutions.
• Mediation avoids trials that strain relationships by helping parties find common ground.

Streamlining the Court Process 

Mediation streamlines the court process by facilitating the resolution of disputes between the parties. Mediation supervises the exchange of information and the negotiation process.

• Allows parties to resolve their disputes outside of court in one or more sessions. This saves court time and money.
• Begins the process before a case is filed in court or during pretrial proceedings. 
• Enables the parties to decide actively, assisting the judges as the parties retain control over the outcome.   

Reducing Court Costs

Mediation reduces US court costs in several ways.

• Reduces attorney time and costs because in court proceedings attorneys’ fees are often a major court cost. Mediation allows parties to negotiate directly. Hence, Mediation significantly cut attorney time and cost.
• Reduces administrative costs because mediation lowers administrative costs such as scheduling, docketing, and staff management.
• Reduces the need for testimony because the parties can discuss issues directly in mediation, reducing the need for expensive expert testimony. Mediation avoids expert witness fees. 
• Allows for splitting costs because mediation lets disputants negotiate and split costs. Mediation costs can be shared. Sharing costs makes settlements fair and affordable.

Decreasing Court Case Backlogs

Mediation helps courts by reducing case backlogs in the following ways. 

• Helps in overtaking the court’s busy schedule by setting the mediation sessions quickly. Hence speeding up court cases. 
• Helps in diverting cases from courts, freeing resources and judicial capacity for more critical matters. Case backlogs decrease.
• Helps in arriving at a Settlement which reduces case backlogs in courts.
• Prevents cases from escalating by early intervention. Thus, resolving issues quickly.

Mediation resolves disputes outside of court, promotes settlement, and diverts cases, reducing case backlogs and improving judicial efficiency.

Why Is Mediation Important in Family & Divorce Law? 

Mediation is important in family law because it helps disputants reduce costs, preserve relationships, find flexible and tailored solutions, and minimize the emotional impact on family members. Mediation is an effective solutions for the following types of disputes.

• Divorce and Separation
• Child Custody & Parenting Plan
• Spousal Support (Alimony)
• Property Division
• Post-Divorce Disputes
• Family Dispute Resolution

Mediation is an effective way to resolve family disputes such as, divorce, child custody, and spousal support, while reducing costs to the parties involved. Because of these cost and time savings, the divorce laws in some states require couples attempt mediation before going to trial.

Why Is Mediation Important in Cases of Divorce & Separation?

Mediation is important in cases of divorce or separation because it offers parties a more constructive and amicable way to resolve their differences. During divorce mediation, spouses are encouraged to communicate openly and collaborate on solutions to their disagreements. The mediation process empowers each spouse to actively participate in shaping the terms of their divorce or separation. This results in more flexible solutions to issues such as the division of assets, child custody, and spousal support.

Mediation is especially beneficial in cases where children are involved as it prioritizes the well-being of the family and puts the needs of the child first. Mediation also offers time and cost-saving benefits in comparison to traditional litigation.

How is Mediation Helpful in Commercial Law?

Commercial law, also referred to as business law or trade law, is the body of law that regulates the relationships between individuals and businesses engaged in commerce, trade, and sales. It includes contracts, sales, intellectual property, corporate governance, bankruptcy, and international trade, among others.

Mediation helps resolve commercial disputes in the following ways. 

• Gives parties a private space to better understand each other and discuss resolution options.
• Enables parties to communicate and reach a compromise in a non-adversarial environment.
• Maintains business relationships to prevent reputational harm and future partnerships.
• Less expensive than litigation because the parties share the costs.
• Increases convenience for both parties because parties can schedule Commercial Mediation sessions at their convenience. This enables companies to resume normal operations and avoid lengthy disruptions.
• Helps in safeguarding trade secrets, business secrets, and negotiation strategies.
• Helps in promoting confidentiality by encouraging information sharing without public exposure or competitive harm.
• Helps protect businesses’ reputations by keeping disputes private.

How is Mediation Helpful in Workplace Law?

Mediation is useful for workplace law disputes through which conflicts between teammates or coworkers of different ranks can be resolved. The body of laws and regulations governing the relationship between employers and employees is known as workplace law.  It helps in times of communication breakdown.

Workplace Law mediation helps reduce the circuit court caseload by streamlining numerous employment law disputes, including claims of discrimination, harassment, wrongful termination, wage disputes, workplace conflicts, and breach of employment contracts, are resolved through mediation. It encourages resolution, preserves relationships, and reduces the financial and emotional costs of litigation, thus benefiting both employers and employees.

How is Mediation Helpful in Civil Law?

Mediation is helpful in civil law because it governs private disputes between individuals or entities that are typically non-criminal in nature is referred to as civil law. Contracts, property, torts, personal injury, and family law are just a few examples. Civil law establishes disputing parties’ legal rights and obligations and provides conflict resolution.

Civil law mediation helps in the reduction of circuit court caseloads by streamlining various types of civil disputes, such as contract disputes, property disputes, personal injury claims, neighbor disputes, and consumer complaints. It takes a flexible and constructive approach to conflict resolution, focusing on the parties’ interests and encouraging cooperation. Civil law mediation, as an alternative to litigation, enables parties to reach timely, cost-effective, and mutually satisfying resolutions while maintaining relationships and minimizing the burdens of the formal legal process.

How is Mediation Helpful in Environmental Law?

Mediation is helpful in environmental law because there are many problems with the justice delivery system that slow down environmental justice. Environmental disputes differ from other private disputes in that they are primarily concerned with land, air, water, and living resources. Environmental law refers to the body of legal principles, regulations, and statutes that address the protection, preservation, and sustainable use of natural resources and the environment. It includes pollution control, biodiversity conservation, land and water management, climate change mitigation, and environmental impact assessments, among many others.

Mediation can be particularly helpful as an alternative to litigation in environmental law disputes. Here are some ways in which mediation can help parties involved in environmental disputes. 

• Helps facilitate better outcomes because many environmental disputes turn on complex technical issues. Most judges and juries don’t have scientific backgrounds, so they decide between different theories by weighing the “credibility” of experts who disagree. The mediators in environmental disputes may hire an unbiased environmental scientist to look at the facts.
• Helps the environmental disputes by involving scientists who compare the strengths and weaknesses of different scientific models or meet with the mediator to agree on the facts. This evaluation lays the groundwork for a future settlement, but the parties only have to use it as much as they agree to. 
• Help to achieve environmental protection objectives more quickly than through adversarial means.

Environmental Law mediation helps reduce the circuit court caseload by streamlining numerous environmental law disputes. Mediation contributes to effective and durable environmental dispute resolutions by fostering collaboration, preserving relationships, and promoting customized and sustainable solutions. 

What Is a Mediation Service?

A mediator or mediation service helps parties reach an agreement by acting as a neutral facilitator during the process of mediation. Mediation services are used in contexts such as family law, business disputes, workplace conflicts, or community disagreements. Individual or organizations who provide mediation services often have specific expertise such as law, business contracts, or interpersonal relations.

Mediators bridge interests, define issues, and remove communication barriers to help opposing parties reach an agreement. They moderate the conversation to avoid conflict. Mediators are trained to find neutral ground and offer solutions that satisfy all parties. They can collaborate, communicate, and solve problems.

What is the Mediator’s Role in the Mediation Process?

The mediator’s role is to assist the disputants in resolving the issue through a process that encourages each side to air their grievances, identify the strengths and weaknesses of their case, while recognizing  that settling for less than desired is the hallmark of a fair settlement. The mediator has no authority to impose a decision; nothing will be decided without the consent of both parties.

The role of the mediator in the process includes.

• oversee and guide the mediation process. 
• guide discussion between two parties involved in a legal dispute.
• frame the issues and help the parties communicate to reach a compromise.
• help parties reach a compromise rather than imposing a solution like judges do.
• lead in the exchange of information
• help the parties through an effective bargaining process.
• help parties communicate better, frame and reframe issues for easier decision-making, find creative solutions to complex problems, set realistic expectations, and find common ground.
• assist in drafting a settlement agreement after parties find a compromise.

Mediators do not make decisions for the parties. However, they are trained to be effective at assisting the parties in identifying out-of-court resolutions.

Mediation is a multi-stage process that is intended to produce results. The mediation process has distinct stages that account for the system’s high success rate.

What Are the Alternatives to Mediation? 

The alternatives to mediation include Arbitration, Litigation, Collaboration, Conciliation And Negotiation.

Arbitration

Arbitration is a type of alternative dispute resolution (ADR) in which parties settle a dispute outside of court. The parties choose an impartial third party, known as an arbitrator, to hear their case and render a decision. Although the meeting is held outside of court, it resembles a hearing in that both sides present testimony and evidence. The arbitrator’s decision is nearly always final, and the courts rarely revisit the matter. The arbitrator reviews the evidence, hears arguments from both sides, and makes a binding decision called an arbitral award.

Differences between Mediation and arbitration include.

Mediation and Arbitration are both Dispute Resolution methods but they differ in their process and approach of resolving disputes.

Litigation

Litigation is the process of settling a dispute through the public court system by filing a complaint and pleading to a judge. It means the process of trying to settle a disagreement through a lawsuit. In Litigation parties present their case to a judge or jury, and therefore the court makes a legally binding decision.

The following are differences between Mediation and litigation.

Mediation and litigation are both methods for resolving disputes, but they differ in terms of decision-making authority, role of the third party, adversarial nature, process control, confidentiality, time, cost, and impact on relationships. 

Collaboration

A collaboration dispute resolution method is an approach that involves collaborating with the other party to find a solution to a conflict that is mutually acceptable.

The following are differences between mediation and collaboration.

Mediation and collaboration are both methods for resolving disputes, but they differ in terms of adversarial nature, process control, and impact on relationships. 

Conciliation

Conciliation facilitates communication, encourages dialogue, and helps parties reach a compromise. A conciliator helps parties reach a settlement in conciliation. A neutral third party, the conciliator, assists the parties in reaching a settlement through negotiation. With the assistance of the conciliator, the parties seek to resolve their dispute amicably. The procedure can be conducted via letter exchange, telephone negotiation, or face-to-face meeting.

The following are differences between mediation and conciliation.

Mediation and Conciliation are both effective methods for resolving disputes, but their differences in approach and procedure make them more suited to certain types of disputes or parties. 

Negotiation

In negotiation two or more parties negotiate to reach an agreement or resolve a dispute. Negotiation includes exchange offers, making concessions, and finding common ground to reach a compromise. A negotiation is a conversation between two or more parties with the purpose of resolving differences, gaining an advantage for an individual or group, or crafting outcomes that satisfy diverse interests. The parties seek consensus on issues of mutual interest.

The following are the differences between mediation and negotiation.

Mediation and Negotiation are both effective methods for resolving disputes, but they differ in third-party involvement, process control, relationship and communication focus, formality, and confidentiality.