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Definition of Mediation

With the phenomenal growth of the use of mediation in recent years has come considerable discussion about what mediation is, is not, and how it differs from other forms of alternative (or appropriate) dispute resolution (ADR), such as binding or non-binding arbitration, neutral evaluation, and summary trials. The primary difference between mediation and these other processes is that in mediation the parties to the dispute retain the decision-making power.

Mediation Network of North Carolina, a non-profit organization established in 1985 to foster the growth and development of community-based mediation programs in this state, has seen the use of mediation, as practiced by its member centers, expand beyond simply a process for resolving disputes. Community mediators help the parties (1) clarify their own goals, resources, options, and preferences and make clear decisions for themselves about their situation; and (2) consider and better understand the perspective of the other party, if they decide they want to do so. Thus, mediation not only allows for problem-solving, but also increases individuals' recognition and empowerment. Mediation Network's definition and practice of mediation reflects all these elements:

Mediation is a private, usually voluntary, discussion and consensual decision-making process in which one or more impartial persons - the mediator(s) - assist people, organizations, and communities in conflict to work toward a variety of goals. Parties in the mediation process are encouraged to:

improve communication, understanding and empathy;

improve relationships;

use mediation to minimize, avoid or enhance involvement in the legal/judicial system;

work toward mutual understanding to resolve a problem or dispute;

reach their own decisions;

resolve underlying conflicts;

prevent problems from recurring.

The primary responsibility for any resolution of a dispute rests with the parties. Mediators never give opinions on the issues in dispute. Mediators work to:

facilitate communication among the parties;

help them explore mutual understanding;

assist in defining and clarifying issues;

maximize the exploration of alternatives;

assist in exploring reconciliation and settlement.

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