Q & A Table of Contents
How Does Mediation Fit in the
Universe of Dispute Resolution?
From: Andy in Edmonton, Alberta, Canada
Question: Mediation is one of the alternative dispute resolution, can you tell me more about it? Is there any other kind of dispute resolution other than mediation and negotiation?
Response: I am entertained to find that all of a sudden I've received several questions from students in Edmonton. Gives rise to the suspicion that someone is teaching a course in ADR and I'm an unpaid teaching assistant. . .
In any event, mediation is negotiation stage-managed by an independent, disinterested third party. The mediator has no interest in the substantive issues or the outcome; his or her only concern is that the process is fair.
Parties to a mediation can walk away at any time; mediation is non-binding. This is in direct contrast to arbitration in which, normally, the contending parties must agree in advance to accept the judgement of the arbitrator(s). Arbitration has more formality than mediation. Depending on the jurisdiction, arbitrators may be certified. There are almost no places in the world with a formal certification process for mediators.
Mediation, Arbitration, and Negotiation are indeed three major kinds of 'alternative dispute resolution'. Other means of resolving disputes range from litigation -- which does not fall under the rubric of 'alternative' to violence which is merely uncivilized. Negotiation is the process by which parties trade things of value in a civilized manner.
The old story is that in ancient times when landowners disagreed they would hire knights/warriers to 'wage war' to determine who was right. Then someone invented lawyers, and for the past thousand years or so, we've been 'waging law' to find the right answer. Negotiation, mediation, and to a certain extent arbitration are all mechanisms for 'waging peace' to find the right answer.
Good luck and good negotiating, Steve.
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