Start Mediation What is mediation

What is mediation?


Mediation is one of the Alternative Dispute Resolution methods. It is a voluntary process for all the parties involved in which a neutral and impartial mediator supports the negotiations between the parties of a conflict while analyzing the problems and the parties’ possibilities, and while also helping to formulate an agreement securing the parties’ interests, thus taking care to ensure a lasting consensus. We distinguish two types of mediation: direct (when the interested parties meet in the presence of a mediator) and indirect (when the parties do not meet while the mediator acts as an intermediary).

Principles of mediation

  • Confidentiality — it is binding for the mediator. The parties most often agree whether they want to keep the discussed issues confidential and which issues will be covered by a confidentiality clause as well as what message will be conveyed to outside world and to whom the message will be addressed. The parties also agree whether during a potential court hearing they will refer to what they have heard during the mediation process, should they have failed to reach agreement through mediation. Usually the rule of not referring in a court to the information acquired in the course of mediation is applied.
  • Impartiality — a mediator represents each party in an equal degree. The mediator is not linked to the parties by any private or business relations.
  • Neutrality — a mediator may not derive benefits from developing any of the potential solutions of a conflict
  • Voluntary nature — mediation is a voluntary process for the parties of a dispute and for the mediator. Each party can withdraw from participating at any stage of the mediation process.
  • Acceptance — the parties accept the mediator and have no doubts as regards his/her impartiality and neutrality. Otherwise the parties should approach a different mediator.

See also: Facilitation of meetings | Decision-making | Coaching for managers