What is so important about mediation? Every problem has its solutions. However, in case of a problem that is occurring between two parties, the solution can only be reached, if they can reach an agreement of the method to solve that problem. This is what we call meditation. But, to understand more about this method to solve problems, dispute or conflict between two or more parties, let’s take a deeper look at this topic.
The Mediation Description
As we mentioned before, mediation is a method to conclude the dispute or problem between two parties. But, it’s not a simple method to reach an agreement. A structured and interactive, as well as dynamic process to reach the mutually acceptable result is also necessary here. If both parties do it without that order, the result won’t have the “mutually” quality. Injustice may occur because of the unorganized process, which only inflicts more damage to one party. This is where important elements in mediation are needed.
The Elements of Mediation
The basic mediation has three elements that must exist. The first element is the conflicted parties. At least, there have to be two conflicting parties that involve in the case. Then, it must have a facility to provide a place for both parties to talk about the problem and reach a settlement. The mediation can be held at any places, even in your house. However, for avoiding a beneficial effect for one party, the place or facility must be located in a neutral place, or owned by a neutral party.
The third and most important element is the mediator. The mediator also must have a similar quality to the location. It means the mediator is a neutral party that doesn’t have any relation with either disputed party or the matter that has been disputing, plus mediator also must have enough knowledge about mediation.
The mediator holds an important role as the bridge between two conflicted parties. The mediator will provide the way, so the conflicted party can understand what each of them wants. However, a mediator doesn’t provide the solution here. As we mentioned before, the mediator only acts as the bridge. The one that reaches the agreement is the disputed parties. When both parties reach an agreement, the case is finished and the mediation is over. What will happen when two parties can’t reach an agreement?
The Next Step to Take When Mediation is Failed
There are two ways we can use to deal with the mediation that doesn’t reach an agreement. The first method is holding mediation in the future when both parties have already prepared all the materials to satisfy each of them. the other method is litigation. The litigation maybe is the common method that conflicted parties used, whenever they can’t reach the agreement. It means they give all the decision to the court/law/judge that will take the verdict based on the situation and condition according to the law.
The Benefits of Mediation
Taking the problem to the court will only waste more time and money. Moreover, there is no guarantee that the result, even if it is an objective result, will give a good effect to both parties. Therefore, mediation is the best method to solve the problem. It’s cheap and affordable. It will give satisfaction result for both parties.
It is also more comfortable because you don’t have to deal with the attorney and such. And, the process and information will be kept disclosed that prevents any unwanted leak to the public. In short, mediation brought many good things than other methods to solve a problem. And, that’s all that you need to know about mediation.