Mediation in Conflict Analyses

Mediation in Conflict Analyses

Introduction

Mediation is a practice or discipline that aims to define the intervention of a third party to facilitate the flow of information. The third person or party is called the mediator. The definition of this activity varies in different contexts of application. However, constants exist whenever a third party intervenes to facilitate a relationship or understanding of a situation and elements of pedagogy and relational quality are reflected in the practices of mediation.

Popularized especially in terms of conflict resolution, it presents different concepts related to those relating to the individual. The Professional Chamber of mediation and negotiation defines mediation as a separate discipline with a rigorous and structured process and identifies how to resolve this conflict as the only way to maintain freedom and relational contract, beyond the vagaries of conflict. Professional mediators dissociate and the mediation of the arbitration and conciliation, demonstrating that these two modes consist of the intervention of a third party imposes a solution or suggested by a call to morality or law.

A debate on the definition of mediation and its objectives is driven by the currents of influence that usually occur in the field of conflict and interpersonal quality of life: religion, ideology, law, psychology and philosophy.

According to the categorization of Anglo-Saxon, mediation is part of alternative dispute resolution. Sometimes likened to a procedure, when provided by legislation, it is still widely considered to follow a process specific support. As defined by the FCNM, it involves the intervention of a third party neutral, impartial and independent, the mediator, which is an intermediate in the relationship. With the definition and the techniques of mediation, conflict mediation orchestrates relational quality and communication. According to the union of mediators, mediation is the only way assisted by a third party that promotes freedom of choice of protagonists in a conflict.

While practices of institutional mediation consist in support of dispute, the form of file processing, professionals tend to highlight that mediation is the only dispute resolution process to have the consequence of leaving sole decision of the parties' agreement that will result from their discussion led by the mediator. It is to extend the exercise of freedom of contract and relationship beyond the conflict.

Discussion

Mediation is a method of alternative dispute resolution, which applies in many different professional disciplines (Trade, Law, Psychology, Social Work, Social Pedagogy, etc.), in which two or more parties reach consensual agreements provided by third party (the mediator), which operates under the principle of neutrality. The mediator helps the parties reach a quick agreement using creativity and cooperation, in a non-therapeutic setting.

In the field of law, it is considered that both the mediation and conciliation are legal methods of alternative dispute resolution as a means of access to justice that prevents and clears traditional administrative processes of the judiciary. They are based on democracy, social peace, dialogue, respect, and consensus for conviviality. Two of the most obvious differences between mediation and conciliation are that: 1) The mediator is governed by ...