NCJ Number
90676
Date Published
1983
Length
34 pages
Annotation
This overview of mediation examines the nature of mediation, the training of mediators, the skills required in mediation, and issues raised by mediation.
Abstract
Some definitions of mediation are presented, followed by a comparison of mediation with adjudication, arbitration, conciliation, and the use of an ombudsperson. The benefits of mediation are listed as its being affordable, timely, convenient, comfortable, understandable, private, confidential, healing, and effective. Mediation is indicated to be particularly appropriate for disputes between family members, neighbors, friends, teachers and students, landlords and tenants, and consumers and merchants. The overall process of mediation is portrayed as referral to the mediation project by the police, courts, or community agency; intake interview; holding of the mediation session; the development of a written agreement between the parties; and followup by a coordinator. The stages of the mediation session itself are also briefly described. The topics discussed in the section on the training of mediators include the selection of mediators, the length of training, the training format, and the skills emphasized in training. Some important issues raised by mediation are (1) whether to connect mediation to the courts or make it independent, (2) whether the mediators should be from the same community as the disputants, (3) whether the mediators should be trained volunteers or academically trained specialists, and (4) whether a mediator's oath of confidentiality will be supported by the courts. The resources section includes lists of Massachusetts mediation projects; mediation trainers, consultants, and information sources; and Massachusetts school mediation projects. Forty-eight bibliographic entries are provided.