Online Class: Mediation 101

From the basics of defining just what mediation entails, to the more in-depth issues surrounding mediator liability, this course creates an excellent starting point for those who would like to have a solid understanding of the process. This class also covers the types of information necessary to determine whether or not a case is a good candidate for mediation, the confidentiality issues involved, and what follow-up activities can be expected. Additionally, each section concludes with a quiz that allows you to assess your comprehension of the information presented.

Courses Frequently Bought Together:

Conflict Resolution 101

Anger Management 101

Negotiation Skills

Course Motivation

Mediation is a formal but not legally binding meeting between two parties (a complainant and a respondent), and a mediator with the intent of settling a dispute. The complainant is the individual who wishes to seek a resolution. The respondent is the second party against whom the dispute is being made, in law, this would be the individual "defending" the case being brought against him or her. The mediator is an unbiased, third party who can direct the proceedings with as little conflict and wasted resources as possible.

Unlike formal law or other forms of negotiation, mediation is generally considered a voluntary, collaborative process that focuses on the best outcome for both parties. Compare this to legal systems, which often focus on each party trying to "win" or somehow get the greatest financial reparation possible from the other party.

Mediation is a little more complicated than that, however. Before a case can be considered for mediation, the situation and the parties must fall under certain mediation qualifications.  

• Mediation is voluntary. No party is forced to be there, and the process may be stopped at any time. No legal recourse will result should one party end the mediation before a conclusion has been reached.
• Mediation is cooperative. Both parties must be willing to "give-and-take" so that the result is one that is in the best interest of everyone involved.
• Mediation is limited. In legal cases, the law can decide what a person may or may not do. In mediation, both the complainant and the respondent can refuse any part of the outcome.
• Mediation is low key. In mediation cases, there is typically little fanfare or press coverage. In the event that both parties agree upon it, confidentiality can be made formal by contract, but it is not required. No one can force the complainant or respondent to disclose any information they do not want to.
• Mediation is formal. Although not as formal as traditional legal proceedings, the purpose behind mediation is to create a professional, neutral atmosphere in which to reach a conclusion. To this end, the mediator should respect certain rules, mediation laws, and best practices to maintain formality.
• Mediation is fair. The best mediators are the ones who know how to remain impartial, neutral, and balanced throughout the entire process. Issues of ethics and confidentiality are key, and no one should feel pressured or coerced to give up any of their rights. It is also fair in that the complainant and respondent should not have an imbalance in their own relationship (that is, one party should not have substantially more money or have a history of any type of abuse with the other party).
• Mediation is personal. No matter how formal and balanced the mediation is, the issues at hand are often ones that affect people's lives in a major way, and the decisions they make are ultimately their own. To reach conclusions that will realistically be put into practice without further dispute, it is typically necessary to take into account issues of self esteem and participant satisfaction.  

The Philosophy of Mediation   

As a practice, mediation actually goes back thousands of years. While we tend to think of it as an alternative to the current legal system, it has been around in some form or another for as long as people have felt a need to communicate ideas and settle disputes. From ancient Greek debating practices to the feudal system in which single, powerful landowners settled disputes based on their own principles of right and wrong, mediation has always been relied on to keep the peace.

What is most important in understanding the philosophy of mediation is that it is not dependent on a set of exterior laws or requirements. In most societies, there are laws that govern what we can and cannot do as human beings, and mediation has no desire to change or alter those laws. Yet, while no mediation outcome can exist in defiance of the law, it goes above and beyond external parameters to allow a more humanistic approach to dispute settlement. After all, the purpose is not to assign blame or uphold a strict moral code. The purpose of mediation is to allow two (or more) people to sit down and communicate, through a mediator, to come up with a solution that takes their own concerns to heart rather than society's or the legal system's.

In philosophy, this idea is known as "natural law." In natural law, we move beyond courts and formal processes to do what is right for each person on an individual level.