NCJ Number
84357
Date Published
1980
Length
7 pages
Annotation
A lawyer explains the nature and advantages of mediation of disputes, particularly in situations in which the parties to the dispute need a continuing relationship.
Abstract
An increasing number of people have decided that hiring a lawyer to represent them as part of the traditional adversary process is too expensive, time-consuming, mystifying, and alienating. In addition, small disputes seem to escalate into major legal disputes marked by aggressiveness, righteousness, and hostility whenever lawyers are involved. Mediation represents a positive way to slow the process of hostility and escalation that usually accompanies a dispute. One essential element of a mediation is the presence of a neutral third party who has no power to decide the dispute and who does not represent either or both of the individuals. The second essential element is the willingness of the disputants to enter into mediation. Mediation is a way to solve a dispute before it escalates, but is not a competing alternative to legal representation. The parties themselves determine both the mediation method and the specific goals they seek. Among advantages of mediation are the increased chances that both parties will abide by the agreement and the avoidance of winners and losers. Disputes that qualify for mediation include divorce, landlord-tenant disputes, disputes between neighbors, internal business problems, real estate problems, medical malpractice, and employer-employee relations. A successful mediation requires a clear initial understanding between the parties and the mediator regarding such matters as the presence of others and confidentiality. The growth of mediation has implications for society as a whole in that it represents a way of resolving disputes while allowing people to work together.