Editing Mediation (section)

==Alternatives==
Mediation is one of several approaches to resolving disputes. It differs from adversarial resolution processes by virtue of its simplicity, informality, flexibility, and economy. Mediation provides the opportunity for parties to agree terms and resolve issues by themselves, without the need for legal representation or court hearings.<ref>{{Cite web|url=https://www.acclaimedfamilylaw.co.uk/blog/uk-divorce-process/|title=UK Divorce Process Guide {{!}} Acclaimed Family Law|website=www.acclaimedfamilylaw.co.uk|language=en|access-date=2018-05-04}}</ref>

Not all disputes lend themselves well to mediation. Success is unlikely unless:<ref name="Boulle 2005">{{harvnb|Boulle|2005}}</ref><ref>The International Mediation Institute has a decision tree on its website, which is designed to help the parties to jointly select the most suitable mediator out of several neutrals who have all achieved certain level of professional competency. {{cite web|url=http://imimediation.org/decision-tree|title=International Mediation Institute Decision Tree|access-date=1 March 2012}}</ref>
* All parties are ready and willing to participate.
* All (or no) parties have legal representation. Mediation includes no right to legal counsel.
* All parties are of legal age (although see [[#Peer mediation|peer mediation]]) and are legally competent to make decisions.

===Conciliation===
''Conciliation'' sometimes serves as an [[umbrella term]] that covers mediation and facilitative and advisory dispute-resolution processes.<ref>Simkin, W. E., (1971); ''Mediation and the Dynamics of Collective Bargaining''; Bureau of National Affairs Books, Washington DC, {{ISBN|0-87179-127-7}}</ref> Neither process determines an outcome, and both share many similarities. For example, both processes involve a neutral third-party who has no enforcing powers.

One significant difference between conciliation and mediation lies in the fact that conciliators possess expert knowledge of the [[domain knowledge|domain]] in which they conciliate. The conciliator can make suggestions for settlement terms and can give advice on the subject-matter. Conciliators may also use their role to actively encourage the parties to come to a resolution. In certain types of dispute the conciliator has a duty to provide legal information. This helps ensure that agreements comply with relevant [[statutory]] frameworks. Therefore, conciliation may include an advisory aspect.

Mediation is purely facilitative: the mediator has no advisory role. Instead, a mediator seeks to help parties to develop a shared understanding of the conflict and to work toward building a practical and lasting resolution.<ref>[http://www.iama.org.au/mediation.htm The Institute of Arbitrators and Mediators, Australia] {{Webarchive|url=https://web.archive.org/web/20070815145640/http://www.iama.org.au/mediation.htm |date=15 August 2007 }}, retrieved 2007-11-24</ref>

Both mediation and conciliation work to identify the disputed issues and to generate options that help disputants reach a mutually satisfactory resolution. They both offer relatively flexible processes. Any settlement reached generally must have the agreement of all parties. This contrasts with [[litigation]], which normally settles the dispute in favour of the party with the strongest legal argument. In-between the two operates [[collaborative law]], which uses a facilitative process where each party has [[counsel]].

===Counselling===
A counsellor generally uses therapeutic techniques. Some&mdash;such as a particular line of questioning&mdash;may be useful in mediation. But the role of the counsellor differs from the role of the mediator. The list below is not exhaustive but it gives an indication of important distinctions:

* A mediator aims for clear agreement between the participants as to how they will deal with specific issues. A counsellor is more concerned with the parties gaining a better self-understanding of their individual behaviour.
* A mediator, while acknowledging a person's feelings, does not explore them in any depth. A counsellor is fundamentally concerned about how people feel about a range of relevant experiences.
* A mediator focuses upon participants' future goals rather than a detailed analysis of past events. A counsellor may find it necessary to explore the past in detail to expose the origins and patterns of beliefs and behaviour.
* A mediator controls the process but does not overtly try to influence the participants or the actual outcome. A counsellor often takes an intentional role in the process, seeking to influence the parties to move in a particular direction or consider specific issues.
* A mediator relies on all parties being present to negotiate, usually face-to-face. A counsellor does not necessarily see all parties at the same time.
* A mediator is required to be neutral. A counsellor may play a more supportive role, where appropriate.
* Mediation requires both parties to be willing to negotiate. Counselling may work with one party even if the other is not ready or willing to participate.
* Mediation is a structured process that typically completes in one or a few sessions. Counselling tends to be ongoing, depending upon participants' needs and progress.

===Early neutral evaluation===
The technique of ''early neutral evaluation'' (ENE)<ref>{{cite web |url=http://www.adr.cand.uscourts.gov/adr/adrdocs.nsf/60a53dc732cdb24d88256a8c005e3f12/c721a136da682c8c882564e600603882?OpenDocument |archive-url=https://web.archive.org/web/20120426014130/http://www.adr.cand.uscourts.gov/adr/adrdocs.nsf/60a53dc732cdb24d88256a8c005e3f12/c721a136da682c8c882564e600603882?OpenDocument |url-status=dead |archive-date=26 April 2012 |title=ENE |publisher=Adr.cand.uscourts.gov |access-date=2012-05-02 }}</ref> have focus on market ineterships, and—based on that focus—offers a basis for sensible case-management or a suggested resolution of the entire case in its very early stages.

In early neutral evaluation, an evaluator acts as a neutral person to assess the strengths and weaknesses of each of the parties and to discuss the same with parties jointly or in caucuses, so that parties gain awareness (via independent evaluation) of the merits of their case.

Parties generally call on a senior counsel or on a panel with expertise and experience in the subject-matter under dispute in order to conduct ENE.

===Arbitration===
Binding Arbitration is a more direct substitute for the formal process of a court. Binding Arbitration is typically conducted in front of one or three arbitrators. The process is much like a mini trial with rules of evidence, etc. Arbitration typically proceeds faster than court and typically at a lower cost.<ref>{{Cite web |title=Mediation vs. Arbitration: What's The Difference? |url=https://baderscott.com/blog/mediation-vs-arbitration |access-date=March 30, 2024 |website=baderscott.com|date=25 November 2022 }}</ref><ref>{{Cite web |last= |first= |date=December 21, 2021 |title=What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation |url=https://www.pon.harvard.edu/daily/dispute-resolution/what-are-the-three-basic-types-of-dispute-resolution-what-to-know-about-mediation-arbitration-and-litigation/ |access-date=2024-03-30 |website=PON - Program on Negotiation at Harvard Law School |language=en-US}}</ref> The Arbiter makes the ultimate decision rather than the parties. Arbiters' decisions are typically final and appeals are rarely successful even if the decision appears to one party to be completely unreasonable.<ref>[http://www.onemediation.com/Mediationvarbitration.html Mediation vs Arbitration – Mediation, Arbitration, Divorce and ADR Services], retrieved 2010-08-27</ref>

===Litigation===
In litigation, courts impose their thoughts to both parties<ref name="Boulle 2005"/> Courts in some cases refer litigants to mediation. Mediation is typically less costly, less formal and less complex. Unlike courts, mediation does not ensure binding agreements and the mediator does not decide the outcome.

===Shuttle diplomacy===
While mediation implies bringing disputing parties face-to-face with each other, the strategy of "shuttle diplomacy", where the mediator serves as a liaison between disputing parties, also sometimes occurs as an alternative.