TRANSFORMING THE TRADITIONAL INDIAN MARRIAGE

Shaadi Remix

MEDIATION

The PRocess and Its Advantages

 

THE MEDIATION PROCESS

 

Mediation is a process in which an impartial third party, the Mediator, facilitates discussion, the exchange of information, and negotiation and promotes voluntary decision making by the parties to a dispute. Mediators help parties understand each other’s perspectives and discuss options for settlement. The decision whether to reach a resolution and the terms of any agreement is always up to the participants. The mediator can help identify strengths and weaknesses of each party’s positions, identify possible solutions, and support collaborative problem solving. The driving forces of mediation are confidentiality of communications and participant self-determination. Mediators do not make decisions about the outcome of the dispute and cannot impose an agreement upon the parties.

 

WHAT ARE THE ADVANTAGES OF MEDIATION?

 

  • Mediation is confidential: This allows participants to be open and honest about the issues without fear that their words will be used against them in a later formal dispute resolution process.
  • Mediation preserves relationships: Participants have the opportunity to rebuild relationships that have been strained. Parties clarify misperceptions, explain expectations, build greater understanding and improve communication.  This promotes improved working relationships.
  • Mediation is future focused: As opposed to looking at the past and assigning fault or blame, the mediation process focuses on what can be done differently in the future and how to address the issues in dispute going forward. This can be key for a meaningful and lasting resolution.
  • The participants are in control: Parties resolve the dispute on their own terms and not one imposed by others. They may also decide to withdraw from mediation if the discussions are not productive and use other more formal dispute resolution options.
  • The participants can tailor solutions that meet their needs: The flexibility and creativity of the brainstorming and agreement process focuses on the interests of the participants, allowing all participants to feel satisfied with the outcome.
  • High Success Rate: Over 80% of matters referred to mediation reach a resolution.  Studies show that people who have freely arrived at their own solutions through mediation are significantly more likely to follow through on them than those imposed by a neutral decision maker.