When two individuals or groups are trying to convey their relevant opinions with the intention of striking a compromise, it is called mediation. The term is often used with reference to law, commerce and diplomacy. It may also be employed for referring to the exchange of cultural practices and ideas, as also for discussing the interchange of biological organisms.
Mediating in legal matters is like arbitration. It amounts to both the parties totally agreeing to settle an issue instead of depending on a third person to act as an arbitrator to come to a final decision. Under many circumstances, it is preferable to go for mediation for many reasons. It is considerably less forceful, and draws reduced negative publicity, compared to a court case. It also helps saving time and money of the parties involved. The expenses of lawyers, court fees and the time required for preparing for litigation makes the court proceeding very long and tedious.
Eighty-five percent of the largest companies in the US prefer using mediation for resolving legal issues with other companies and individuals. It is seldom contractual, and permits either of the parties to conclude that if is not proceeding appropriately, it may ask for a more traditional way of resolving the issue, like litigation or arbitration.
Diplomatic mediation, also referred to as peace brokering, is just international diplomacy. In this case, mediators try reaching a meeting point that two or additional nations may find acceptable. Mostly, diplomatic mediation is employed for settling aggressive conflicts with the help of resolutions and agreements, jointly referred to as a peace process. This could also be employed for the purpose of resolving disagreements concerning property and land dispute ahead of their spiraling to a violent state.
Commercial mediation covers a very vast field, and it involves third party mediators that take care of all things, whether it concerns transport contracts, exclave rights for selling, or contracts stating supplementary ingenious output. It is wide-ranging, and may be considered as any swap over among two parties, which may be businesses or individuals, wherein both of them try maximizing their individual benefits for reaching a compromise.
Mediation has been in practice since ages, right from the time of Imperial China and Classical Greece to the present world, where law agencies specialize in mediation. This process is important for the optimum working of any society. It is intended to help people interact with each other in a more peaceful and productive manner.