Mediation is a process for resolving disputes where the mediator assists disputants (the individuals or businesses involved in conflict), in negotiating a resolution to their disagreement. The mediator will facilitate discussions between the disputants, and employ problem-solving strategies and techniques, in order to move the parties towards a mutually satisfactory resolution.

The Mediator:

The mediator is independent, and neutral, and is usually chosen by the parties, and/or their lawyers, based on the particular mediator's skills, experience, and/or expertise. Selecting a mediator with experience as a practicing lawyer will assist the participants in discussing matters involving situations with potential legal ramifications; and choosing a mediator who also has experience in the subject matter, could avoiding unnecessary time which might be required to educate the mediator. Sometimes the parties will decide to have two mediators, one well-versed in the legal area of the dispute, and one with experience in the particular industry.

The Goal of Mediation:

Usually participants decide to engage in mediation in order to resolve a conflict. The goals of the parties involved can include: settlement of a dispute, whether or not it has resulted in litigation; resolution of a contract disagreement; facilitation of contract negotiations; resolution of a family conflict either within a family, or for the purposes of an amicable divorce or other family separation or property division; conflict within a business, or for the purpose of the amicable dissolution of a business or partnership or corporate; in addition to as many conflicts between persons as there exist. Mediation can transform relationships between businesses, and individuals, restoring personal relationships, and improving future communications between parties.

Conciliation:

Conciliation is also a process where the parties meet with a neutral, in this case a conciliator, to resolve their differences. However, conciliation differs from mediation in that the main goal is to "conciliate", most of the time by seeking concessions on each side; whereas in mediation, the mediator tries to guide the discussion in a way that optimizes the parties needs, often reframing representations, and taking concerns and goals beyond those originally brought to the mediation table, in this way the mediator can expand the scope of available remedies and solutions beyond merely concessions.

Further, in conciliation, the parties will rarely sit across the table from one another in the presence of the conciliator. Some mediators refer to conciliation as a specific type of mediation practice using exclusively using "causing" or "shuttle diplomacy". All other features of conciliation are also found in mediation.

If the conciliator is successful in negotiating an understanding between the parties, that understanding is usually committed to writing (with the assistance of legal counsel), and signed by the parties thereafter becoming a binding contract.

The conciliator will assist each of the parties to independently develop a list of all of their objectives (the outcomes which they desire to obtain from the conciliation). The conciliator then has each of the parties separately prioritize their own list from most to least important.

The conciliator will then go back and forth between the parties and encourages them to "give" on the objectives one at a time, starting with the least important and working toward the most important for each party in turn. The parties rarely place the same priorities on all objectives, and usually have some objectives which are not on the list compiled by parties on the other side. Thus the conciliator can quickly build a string of successes and help the parties create an atmosphere of trust which the conciliator can continue to develop.

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