Tuesday, August 21, 2007

Mediation at Wikipedia

Wikipedia - "the free encyclopedia" - is not a reference I would cite in motions to the court. However, in browsing around Wikipedia today, I see that quite a bit of information exists under the search term "Mediation" that might be useful for individuals curious about or contemplating the use of mediation.

Here is the description of "Mediation" provided: Mediation, a form of alternative dispute resolution (ADR), aims to assist two (or more) disputants in reaching an agreement. The key component of mediation is that whether an agreement is reached, and the nature of that agreement, if any, is determined by the parties themselves rather than being imposed by a third party. The disputes may involve states, organizations, communities, individuals or other representatives with a vested interest in the outcome.

Mediators use appropriate techniques and/or skills to open and/or improve
dialogue between disputants, aiming to help the parties reach an agreement (with concrete effects) on the disputed matter. Normally, all parties must view the mediator as impartial.

Mediation can apply in a variety of disputes, such as commercial, legal, diplomatic, workplace, community and divorce or other family matters.

And here is a detailed table of contents at Wikipedia with interesting information under each category/link. Check it out:

1 History of dispute mediation
2 Mediation and conciliation
3 Mediation in the franchising sector
4 Mediator education and training
5 Mediator codes of conduct
6 Accreditation of ADR
7 Reference links
8 Uses of mediation
8.1 Native title mediation
9 Philosophy of mediation
9.1 The Uses of Mediation in Preventing Conflicts
9.2 Responsibilities Regarding Confidentiality in Mediation
9.3 Legal Implications of Mediated Agreements
10 Common aspects of mediation
11 Online mediation
12 Mediation in business and in commerce
13 Mediation and litigation
14 Community mediation
15 Competence of the mediator
16 When is mediation suitable?
16.1 Factors relating to the parties
17 Mediation as a method of dispute resolution
17.1 Safety, fairness, closure
18 Post-mediation activities
18.1 Ratification and review
18.2 Official sanctions
18.3 Referrals and reporting obligations
18.4 Mediator debriefing
19 Mediator roles and functions
19.1 Creating favorable conditions for the parties' decision-making
19.2 Assisting the parties to communicate
19.3 Facilitating the parties' negotiations
20 Functions of the parties
20.1 Preparation
20.2 Disclosure of information
20.3 Party participation
21 Choice of mediator
21.1 Values of mediation
21.2 Mediation with arbitration
21.3 Mediator liability
21.4 Mediators' liability – in Tapoohi v Lewenberg
21.4.1 Liability in the United States
21.5 Without-prejudice privilege
22 Mediation in politics and in diplomacy
22.1 One of many non-violent methods of dispute resolution
23 Mediation and industrial relations
24 The workplace and mediation
25 Conflict management
25.1 Measuring the effectiveness of conflict management
26 Confidentiality and mediation
27 Global relevance
27.1 Fairness
28 Bibliography
29 See also
30 External links

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