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A Mediation process is characterized
by the following qualities:
- It is voluntary.
in many ways
Voluntary participation of all parties.
No legally binding obligation to accept the outcome of this process,
unless the parties decide so.
- It is neutral.
The mediator is impartial and neutral. He/She ensures a safe environment
for the discussion.
- It is confidential.
Discussions are not open to the public. The parties themselves decide
who may take part.
- The solution-ownership remains completely in the hands of the
parties to the conflict.
The parties solve the problem(s) themselves with assistance of a neutral
party. Research shows that the implementaion of a negotiated solution
is much more likely in cases where Mediation is applied. The process
also entails higher satisfaction and self-esteem for the parties involved.
This is especially important in case of personal and/or emotional conflicts.
- The parties may agree to make their agreement enforceable.
Within the existing legal framework the parties may add enforceability
according to procedural law.
- Unrestricted presentation of evidence.
The evidence can be presented without the limitations of procedural
law.
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