The Mediation Principle in Resolving Cases. It is important for us to know the mediation principle besides its definition. Well, Mediation is an effort or process to resolve disputes between parties by mutual agreement through a third party as an intermediary (called a mediator) that is neutral (non-intervention) and impartial (impartial) for the implementation of dialogue between parties with an atmosphere of openness, honesty, and exchange opinions to reach consensus. Ok, let’s discuss it in detail!
The term mediation comes from Latin, which is mediare which means to be in the middle. The word mediation is also found in English, namely, a mediation which means the settlement of a dispute involving a third party as a mediator or mediating dispute resolution, the mediator of which is called the mediator or mediator.
Mediation is an effort or process to resolve disputes between parties by mutual agreement through a third party as an intermediary (called the mediator) that is neutral (non-intervention) and impartial (impartial) for the implementation of dialogue between parties with an atmosphere of openness, honesty, and exchange opinions to reach consensus.
The mediator is a neutral and impartial party whose function is to assist the parties in finding various possible dispute resolutions.
There is a neutral and impartial third party, meaning that it is not involved or related to the problem in question. Neutral and impartial in the sense of being impartial and unbiased.
In an individual case, the conflicting party should choose the mediator. But the mediator can also offer himself, but the warring party must agree to the offer. Third parties must be accepted by both parties.
The settlement is made by the conflicting parties and must be accepted without coercion from any party.
The task of the mediator is mainly to keep the negotiation process going and going. Helping to clarify what the real problems and interests of the parties are. In other words, the role of the mediator is to control the process. While the role of the warring parties is to control the content of the negotiations.
Principles of Mediation
- The principle of confidentiality. In this principle, everything that happens in a meeting held by the mediator and the parties to the dispute must not be broadcast to the public or the press by each party. Likewise, the mediator must maintain the confidentiality of the contents of the mediation and should destroy all documents at the end of the session that he did.
- The Principle of Voluntary. Each warring party comes to mediation on the volition of theirs and wishes voluntarily and there is no coercion and pressure from outside parties or other parties. The volunteerism principle is built on a basis in which people will have the intention to work with others to find good ways out of the dispute of theirs if they attend to the negotiation place due to their own decision.
There is five basic mediation principle known as the five basic mediation philosophies, namely:
- The Empowerment Principle. This principle is based on the assumption in which actually, people who intend to attend mediation have special ability or skill to negotiate the cases or problems of theirs. And, they can get every agreement they need. It is good to recognize and value the ability of theirs in this case/matter and therefore. Any solutions or solutions must not be imposed outside.
- The Principle of Neutrality. In mediation, the mediator’s role only facilitates the process, and the contents remain the parties’ property to the conflict. Then, the mediator just has the authority to control and supervise the mediation process. In mediation, a mediator does not act like a jury or judge who decides the wrong or right of one party or supports his opinion and resolution to both parties.
- The Principle of a unique solution. That the solution resulting from the mediation process must not be appropriate with the standards of legal but. It also could be resulted from the creative process. Therefore, the results of mediation will go along both parties’ hopes or wishes. In which they are related closely to the empowering concept of every party.
Those are the definition of mediation and also the mediation principle. May this article be useful for you.