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relationship management - Mediated arbitration is useful in narrowing issues more quickly than under arbitration alone and helps parties focus their reso_urces on the truly difficult issues involved in a dispute in a more efficient and effective manner. medi_ation is the intervention into a dispute or negotiation of an acceptable, impartial and neutral third party who has no decision-making authority. The objective of this intervention is to assist the parties in voluntarily reaching an acceptable resol_ution of issues in dispute. medi_ation is useful in highly-polarized disputes where the parties have either been unable to initiate a productive dialogue, or where the parties have been talking and have reached a seemingly insurmountable impasse. A mediator, like a facilitator, makes primarily procedural suggestions regarding how parties can reach agreement. |
Occasionally, a mediator may suggest some substantive options as a means of encouraging the parties to expand the range of possible resol_utions under consideration. A mediator often works with the parties individually, in caucuses, to explore acceptable resol_ution options or to develop proposals that might move the parties closer to
resol_ution. Mediators differ in their degree of directiveness or control while assisting disputing parties. Some mediators set the stage for bargaining, make minimal procedural suggestions, and intervene in the negotiations only to avoid or overcome a deadlock. Other mediators are much more involved in forging the details of a
resol_ution. Regardless of how directive the mediator is, the mediator performs the role of catalyst that enables the parties to initiate progress toward their own resol_ution of issues in dispute. |