How to Meditate

ARUNAS APPS LLP健康塑身2019-10-17

價格：免費

更新日期：2019-10-17

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Mediation is one form of the alternative dispute resolution and it has a lot of advantages compared to the litigation. There is a number of reasons that the process of negotiation becomes popular day by day. Things can happen as the mistakes are inevitable. A mediator is the only way to help the parties deal with the mistakes. Unlike taking a dispute to the court, two parties often take their disagreements to a mediator and they mediate the process in a simple way but in a formal or rigid way. The popular philosophy behind the mediation procedure is generally based on helping the parties to work out their differences without any presence of a third party to make the decision, there is actually huge flexibility in this process.

Mediation is indeed a flexible process but there is the huge necessity for a proper structure to define the direction of the discussion. Without a right structure, opposing parties can carry away with some arguments over the issues that can distract them from co-operating.

Here is the right way to mediate a case by a mediator:

• To start the process, the mediator will work as the icebreaker between two parties. A mediator’s job is to introduce and explain the mediation process to both of the parties first and they will set up a certain rule for both of the parties.

• Then the mediator looks for the statements of both parties. They will listen to both of the parties that how they are presenting their case in their own words from their own perspectives. A party needs to present the case accurately by mentioning every minute detail.

• Now that everyone got a chance to present their perspective, a cordial and solution focused discussion takes place with the help of the mediator. It is the job of the mediator to keep the discussion in the right way to find out an agreement. Sometimes, the mediator can solve the issue at this stage with the best solution.

• Once everyone has got the chance to hash out all the crux of the issue, at this point the mediator will meet both of the parties individually. In this stage, during the personal meetings, both of the parties can discuss with the mediator that how strong is their case and what they really want during the negotiation process.

• Negotiation is the final stage of discussion where to parties will negotiate their demands before signing on the bottom line to make their agreement. A mediator will help them to negotiate also.

• There can be an optimal ending with a right agreement or it can be the final agreement in a legal way with the help of a lawyer.

• But some of the mediation cases do not come to its end with an agreement but the mediator closes the case with the statement. They also guide the parties that where they need to go for a further solution or can suggest going to the trial court for a legal solution.

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