Legal Terms: Defining Mediation

L e g a l Te r m s :

Defining Mediation

by Dr Edgar Paltzer

Mediation is a legal term used to describe the process of negotiation between two or more parties in conflict, using the skills of a third objective party to help reach a satisfactory conclusion. It is similar to negotiation but with the addition of a mediator to identify the views of all involved parties and help them reach a compromise.

No Obligation Just like negotiation, mediation is an informal process which is not legally binding. The idea is to reach a conclusion that is satisfactory to all involved parties, but no party is obliged to accept the conclusion of the process if they do not feel it meets their needs.

Reduced Hostility Mediation only works if both parties accept that they will have to make some compromises to reach a suitable outcome, just like negotiation.

However, mediation can help in situations where there is likely to be some hostility between the parties involved, as the mediator can act as a go-between. Each party can explain their views to the mediator, rather than having to directly interact with each other.

2

Mediation only works if both parties accept that they will have to make some compromises to reach a suitable outcome, just like negotiation.

3

You can learn more about the process of negotiation by visiting the blog of Dr Edgar Paltzer.