MEDIATION

Mediation

Introduction

The term mediation is simply pertains to the method of alternate dispute resolution. It is defined as “the intervention to make a dispute or problem resolved between two or more parties”. It is also called 'the out of court settlement', the state when parties realize they could talk to each other, negotiate and reach a consensus in dealing. The process of mediation is one of the most important premises of law in the world of today. It deals with law; since the parties are abide to remain in the domain of law while negotiating with each other.

The hectic and time taking procedure of the court of law is somewhat intolerable for the world of today. Things are far more streamlined; however, the growth of crime rate has led the world to an inefficient court system, however, in varying degrees all across the globe. The courts of law have several cases piled up to be addressed, and therefore, the providence of justice is a time taking and lengthy procedure, sometimes even not worth it.

As a result, the process of mediation is gaining popularity. Regardless of the cultural and legal differences, it is becoming widely implemented all across the globe. As a result, the criterion of the dispute settlement has shuffled from a court hearing to the presence of a legal authority called the lawyer from both sides. The dispute resolution is easier and more flexible with the induction of the mediation process in the domain of law of countries.

However, mediation processes are different for cultures and countries. These differences take place due to cultural variations, as well as, the law and the constitution of the country that is backed by several elements while being composed and amended. The paper discussed the concept of mediation process, as well as, explains the process of mediation in different countries. The paper concludes with a wrap up of all that is discussed in the discussion section.

Discussion

Mediation is practiced in several cultures, as discussed. The notions of these differences reflect the cultural norms and ethical values of that particular vicinity. The process is discussed in several cultures as under;

The United States

All mediation decisions are to be preceded and taken under the independent federal agency, the federal mediation and conciliation services. There are key principles of mediation discussed as under;

The filing with the court: the case has to be filed ...