Interest-based Mediation

In the purest form of interest-based mediation, the following standards will be met:

Mutually acceptable: The mediator must be someone whom both parties agree is appro­ priate for the mediator role.

Neutral: The mediator must be someone who is invested in the well-being of both indi­ viduals, but who does not have a preference or affinity for one party over the other.

Impartial: The mediator has no stake in the outcome of the mediation and will not be affected by the decision. The mediator is free from preference toward any possible outcome.

Interest-based: The mediator assists disputants in identifying concerns that affect them and in exploring the specific needs that must be addressed in any outcome.

Communicative process: The mediator facilitates the discussion so parties may under­ stand one another, explore ideas in a safe environment, and approach their problem solving as empowered participants. The mediator strategically applies skills to keep the communication process balanced, fair, and productive.

Parties create the outcome: The mediator does not suggest, lead, or persuade parties to select specific outcomes. Ideas for possible solutions arise from the disputants. The mediator helps them examine the workability and appropriateness of their suggestions.

EACH ELEMENT of the definition of mediation is necessary to create the mediation process. What would happen to the mediation if one standard was missing or changed? For each of the standards, explain how removing it would change the nature of mediation.

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