Concept of Mediation

Mediation
Mediation is a form of Alternative Dispute Resolution (ADR) where two or more parties involved in a conflict come together with the help of a neutral third party known as the mediator to resolve their differences without going to court. The mediator helps the parties communicate effectively and explore potential solutions but does not have the authority to make decisions or impose a judgment.

1. Definition of Mediation

• Voluntary:
  Participation in mediation is entirely voluntary, meaning that the parties involved have the freedom to choose whether or not they want to engage in the process. No party can be forced into mediation against their will. This ensures that the parties are motivated to find a resolution, as they enter the process willingly.

• Confidential:
  Mediation is a private process, and anything discussed during the sessions remains confidential. This confidentiality ensures that the parties can speak openly and honestly without fear of the information being used against them later in court or other legal proceedings.

• Neutral Third Party (Mediator):
  The mediator is an independent and neutral individual who does not take sides or make decisions for the parties. Their primary role is to facilitate communication between the disputing parties, assist in identifying underlying issues, and help the parties explore mutually acceptable solutions.

2. Role of the Mediator: Detailed Breakdown

The mediator has a distinct, non-judgmental role in mediation. Their responsibilities include:

• Facilitating Communication: