JAMS ADR Insights
BROWSE TOPICS
The Art of Guiding the Mediation Process
There are various forums where people can participate in conciliation efforts to reach a resolution. Generally speaking, most people try to avoid conflict, and parties are happier when they can resolve a dispute and move on. Mediation is a collaborative form of dispute resolution that allows the parties to work together to resolve their conflict. The mediation process is anchored in trust and effective communication. Every case is different, and each party arrives at the table with certain goals in mind and a strategy for achieving them. Their needs define their goals, which dictate their behaviors. The mediator plays the important role of “shepherd” in the negotiation process. The parties can impede the prospect of settlement, and so can the mediator—by their approach.
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