ABSTRACT

When people are unable to work through a conflict, seeking a third party to help is an option. Disputants can seek help from someone who is charged with making a decision for the parties, such as through the courts (litigation) or arbitration. Another option is for the parties to resolve the dispute themselves, but with the aid of a neutral and impartial third party called a mediator. Mediation is an interest-based approach to aiding people in resolving their own disputes. The mediator helps people identify their interests and explore options. The mediator facilitates the process rather than makes outcome suggestions. Mediation has advantages over other types of dispute resolution, including expediency, flexibility, and a confidential process. However, because mediation is confidential, decisions may lack accountability, and an individual with weak communication skills may be disadvantaged in mediation because they have to negotiate themselves. This chapter introduces the Balanced Mediation Model, incorporating elements of both conciliatory and problem-solving approaches.