What is mediation?

Mediation is the process where a neutral third party, from outside the organization, assists parties involved in a dispute to arrive at a solution. In other words, mediation is assisted dispute resolution.

Mediators assist in identifying issues and information needs, reducing obstacles to communication, exploring alternatives and focusing on the needs and interests of those most affected by the dispute. Unlike court proceedings, mediation involves the direct participation of the parties in conflict.

Different Types of Mediation

There are various types of mediation. Each mediation process will be managed differently depending on the type of dispute and on the personal style of the mediator. The two main types of mediation are problem-solving mediation and transformative mediation but both approaches tend to have elements of the other in them. The difference in the two approaches lies in how the conflict is initially conceptualised.

Mediation can and often does include the attorneys of the disputing parties and in particular when the attorneys feel that litigation is not in the best interests of their clients.

Preferably mediators should be accredited by a professional body such as the African Centre for Dispute Resolution or some other reputable and registered organization. In addition trained mediators need to keep their qualifications up to date.