Until recently, dispute resolution was synonymous with courtrooms, litigation, judges and juries. Now, individuals and businesses are recognizing the advantages of mediation to resolve disputes. Alternative Dispute Resolution refers to the disposition of conflicts without court proceedings. One resolution is mediation, which does not involve the imposition of a decision by a judge, but it does involve the resolution of a conflict by a process in which the parties themselves participate and decide how to resolve the conflict. Blumberg wrote about the mediation process, including the benefits and detriments, within the article Resolution through Mediation.
Blumberg (1995) notes the use of the public judicial system requires the ability to finance litigation, to accept the risk of loss, to bear the diversion of capital and management resources, and the willingness to accept delay. A mediator is a trained neutral person who guides the disputants in reaching an agreement that both can accept. Mediators cannot impose any decision on the parties and do not dwell on the fault of either party. Instead, the mediator guides each party in gaining a satisfactory result. Unlike court proceedings or arbitration, the parties retain complete control of the decision. If it appears that no agreement will be reached, the parties can end the process and proceed with litigation or arbitration.
Blumberg explains that the mediation process typically includes three phases: introduction, problem solving, and closure. In the introductory phase, the mediator develops an atmosphere of reasonableness by establishing ground rules for participation approved by the parties. During this phase, the parties explain their respective perceptions of the disputed issues. In the second phase, the mediator focuses discussions to explore issues of new proposals and solutions. The final phase of mediation is closure, where the parties confirm their agreement and draft their settlement documents.
