Mediation is a process of alternative dispute resolution that is suitable for almost all types of disputes where parties want to have control over the process of resolution and the eventual outcome. The role of a mediator is not to arbitrate, but to facilitate discourse and mutual understanding between parties, and to assist them in negotiating a settlement. The essence of a mediator's work are mediation techniques. Without them, the process of mediation is reduced to parties attempting to resolve a conflict on their own, making a mediator's contribution negligible. Besides listening and summarizing, one of the most important techniques are separate meetings, which is also one of the biggest advantages of mediation over litigation. These mediation techniques seem simple in theory, but are difficult to apply in practice. By using them correctly, thoroughly, and persistently, a skilled mediator can steer parties towards being more agreeable and willing to compromise. The use of mediation techniques is necessary in both civil and commercial proceedings, as well as in other types of disputes. In using them, a mediator should always follow each party's lead and not rush the process. Mediation is designed for the benefit of parties themselves and not for their attorneys. If attorneys are present, they should cooperate with the mediator by being open to agreements and settlements, and by encouraging parties to reach peaceful, affordable, and firm solutions. Solutions reached with mediation namely tend to be firmer and are more likely to be respected than the ones imposed by a judge or someone else.
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