How do you handle emotional outbursts as a mediator?

Emotional outburst isn’t an unusual occurrence during mediation. Due to the conflicting interests of the parties, there is a very high tendency of either or both of them being quite emotional about the subject matter. Therefore feeling overly sensitive and threatened are not alien emotions. Sometimes the outburst could be mild or extreme depending on the sensitivity of the situation. […]

Harnessing the power of mediation to drive social change

Over the past few decades the practice of mediation has enjoyed increasing acceptance across the world. It has been used to resolve conflicts in lots of differing contexts ranging from families to schools, communities, workplace and commercial disputes. Mediation affirms the general premise that most people appreciate fairness and want to do what is right. The work of the mediator […]

Cases Not Likely To Be Suitable For Mediation

Even some ardent practitioners of Alternative Dispute Resolution will agree that there are some disputes that are unsuitable for ADR. Some of the cases which might be seen as “unsuitable for mediation” were mentioned in the case of HALSEY V MILTON KEYENS GENERAL NHS TRUST [2004] 4 ALL E.R 920. In this case the Court Of Appeal held that dealing […]

How To Reach A Settlement In Mediation

As parties approach agreement in the mediation sessions, alternative methods are available to the parties and mediator. If it seems helpful, the mediator can convene an intermediate joint session where the parties can negotiate the final points, face to face. If necessary, one or more private sessions may be interposed.  Again, the mediator might convene a final joint session at […]

The Difference Between Litigation, Arbitration, Mediation and Conciliation

Alternative dispute resolution processes such as arbitration, mediation and conciliation and have become increasingly popular because litigation is time consuming, expensive, unpredictable and emotionally draining. But before deciding on which way to resolve your disputes it is important that you know the difference between the different options available to you in alternative dispute resolution. Arbitration and Mediation Arbitration and mediation […]

The Negotiator As A Mediator

Mediation usually involves some form of important intervention by a neutral third party who cannot impose a settlement but assists the parties to secure one. A mediator becomes necessary when parties on their own cannot reach a negotiated settlement. It is important to know that the entire process of mediation has negotiation at the heart of it. The negotiator as […]

Appreciating Issues in Mediation

Mediation normally begins with getting the parties involved to give a complete narrative description of the dispute by each party in turn.  Most often the party who initiated the hearing or filed the complaint starts to speak first. This is the parties’ first opportunity to express their anger and frustrations  about their dispute, it also provides the mediator with his […]

Resolving Interpersonal Disputes through Mediation

Mediation is the handmaiden of conflict, it doubtlessly emerged whenever some bystander was prevailed upon to persuade contending stone-age parties to compose their disruptive differences. Thus, mediation has been around about as long as human beings, although its use and acceptability has varied widely among different cultures and at different times. In Africa, it was the cardinal means of resolving […]

Who is an Effective Mediator?

A mediator is an impartial party who assists disputing parties to identify the issues in dispute between them and explore possible solutions that will be acceptable to both parties. The mediator is not a passive listener who nods his head in compassionate understanding as the parties describe their woes. On the contrary the mediator is an active listener and quite […]

Disputes Are Inevitable. How Do You Resolve Them?

Disputes are generally an inevitable part of human interactions. Such disputes are likely to arise from different human transactions including economic activities, family relationships, community and neighbourhood activities, international activities, religious activities and other civil activities. When these disputes arise, it is only natural that the parties will want to resolve them peacefully and the common method of doing so […]