Party Participation in the Mediation Process
Encyclopedia
Party Participation in the Mediation
Process is the crux of the process. When parties agree to a mediation process, they then have the power vested in them to arrive at a mutually acceptable solution to the dispute. The mediator has power over the process, but not the outcome. The mediator should be impartial and have no influence or control over the outcome. The mediation is an endeavour by the parties to reach an agreement, usually to avoid, or in preference to a court based processes.
method is most often attributed to its qualities as a consensual, voluntary and fair process. Therefore mediation is framed as a process which is neutral and procedurally fair, designed to increase party participation and self-determination through decision-making and to create a mutually acceptable outcome.
The expectation is for all parties to participate in the mediation process. However, because the participation of the parties and the mediator is voluntary, the parties and or the mediator have the freedom to leave the process at any time.
could become an issue in an employment dispute where a worker refuses to participate in a mediation process, especially if a dismissal was the end result. In the instance of legitimate reasons for absence, such as ill health, a representative may be nominated to act in that party's best interests. Parties are expected to act in a civil and courteous manner, to act in a positive way and be prepared to be flexible in order to reach a mutually acceptable agreement. Mediators are expected to facilitate constructive participation by the parties. Party participation is an important indicator since mediation is a voluntary decision and cannot progress without all the parties’ agreement to participatory commitment.
or settled in a conference
, then the matter or case may be brought to trial
.
Mediation
Mediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...
Process is the crux of the process. When parties agree to a mediation process, they then have the power vested in them to arrive at a mutually acceptable solution to the dispute. The mediator has power over the process, but not the outcome. The mediator should be impartial and have no influence or control over the outcome. The mediation is an endeavour by the parties to reach an agreement, usually to avoid, or in preference to a court based processes.
Neutrality of the Process
The success of mediation as a "win/win" alternative dispute resolutionAlternative dispute resolution
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation...
method is most often attributed to its qualities as a consensual, voluntary and fair process. Therefore mediation is framed as a process which is neutral and procedurally fair, designed to increase party participation and self-determination through decision-making and to create a mutually acceptable outcome.
The expectation is for all parties to participate in the mediation process. However, because the participation of the parties and the mediator is voluntary, the parties and or the mediator have the freedom to leave the process at any time.
Refusal to participate
Procedural fairnessNatural justice
Natural justice is a term of art that denotes specific procedural rights in the English legal system and the systems of other nations based on it. Whilst the term natural justice is often retained as a general concept, it has largely been replaced and extended by the more general "duty to act fairly"...
could become an issue in an employment dispute where a worker refuses to participate in a mediation process, especially if a dismissal was the end result. In the instance of legitimate reasons for absence, such as ill health, a representative may be nominated to act in that party's best interests. Parties are expected to act in a civil and courteous manner, to act in a positive way and be prepared to be flexible in order to reach a mutually acceptable agreement. Mediators are expected to facilitate constructive participation by the parties. Party participation is an important indicator since mediation is a voluntary decision and cannot progress without all the parties’ agreement to participatory commitment.
Results
If the case can not be mediatedMediation
Mediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...
or settled in a conference
Settlement conference
A settlement conference is a meeting between opposing sides of a lawsuit at which the parties attempt to reach a mutually agreeable resolution of their dispute without having to proceed to a trial. Such a conference may be initiated through either party, usually by the conveyance of a settlement...
, then the matter or case may be brought to trial
Brought to trial
Brought to trial means to calendar a legal case for a hearing, or to bring a defendant to the bar of justice. The simplest definition is "the commencement of the trial in a court by formally calling and swearing in of the witnesses to initiate the trial proceedings." However, much like Pro-rata,...
.
See also
- Alternate dispute resolution
- ArbitrationArbitrationArbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
- Brought to trialBrought to trialBrought to trial means to calendar a legal case for a hearing, or to bring a defendant to the bar of justice. The simplest definition is "the commencement of the trial in a court by formally calling and swearing in of the witnesses to initiate the trial proceedings." However, much like Pro-rata,...
- Dispute resolutionDispute resolutionDispute resolution is the process of resolving disputes between parties.-Methods:Methods of dispute resolution include:* lawsuits * arbitration* collaborative law* mediation* conciliation* many types of negotiation* facilitation...
- MediationMediationMediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...
- Settlement
- Settlement conferenceSettlement conferenceA settlement conference is a meeting between opposing sides of a lawsuit at which the parties attempt to reach a mutually agreeable resolution of their dispute without having to proceed to a trial. Such a conference may be initiated through either party, usually by the conveyance of a settlement...
- Trial (law)Trial (law)In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...