Mediation: dispute resolution technique

Mediation: dispute resolution technique

Mediation: dispute resolution technique

8 – 10 minute individual presentations (8-10 minutes per STUDENT)



  • NOTE: THERE may not be legislation(government laws)on MEDIATION (OR it may be discussed under Alternative Dispute Resolution legislation which would include mediation and arbitration) 
  • you can discuss mediation generally and then discuss the law (if any) that may be applicable in a country
  • the definition of “mediation” and of a “mediator” is basically the same in every country in that it has the procedure is the same, it has the same benefits, etc
  • So you can discuss things such as:
  • What is Mediation? EXAMPLE: Mediation is a form of alternative dispute resolution (ADR) which means that this procedure is used to resolve disputes outside the courts. Therefore, instead of taking a dispute to court (which is a lengthy and costly process), the parties agree that they will refer the dispute to mediation so that a neutral third person (a mediator) will assist the parties in resolving the dispute.
  • The definition of “mediation”
  • What is a mediator?
  • What are useful criteria for selecting a mediator?
  • What disputes or issues can be settled by mediation?
  • What are the benefits of mediation?
  • What are the disadvantages of mediation?
  • You can also discuss variants of mediation such as: evaluative mediation, facilitative mediation, transformative mediation
  • You can then discuss mediation in a particular country eg: In Japan : this country has always been a keen supporter of Alternative Dispute Resolution processes ie: in favor of disputes being resolved OUT of court by mediation or arbitration. The Act on Promotion of Use of Alternative Dispute Resolution was passed in Japan in 2004 (you could discuss aspects of this Act).

SAMPLE: Mediation dispute resolution essay

Mediation is style of dispute resolution technique between two or more parties. It serves as an alternative dispute resolution (ADR) method amongst others such as litigation. Mediation aims at reaching on a consensus among the conflicting parties while clearing up the misunderstandings between them. Mediation is conducted by a third party who is commonly referred to as a mediator and help the parties come into an agreement. In general, mediation is the process through which a third party helps two or more disputing parties come into an agreement. Mediation follows a specific course which other forms of dispute resolution techniques lack. Unlike other forms of dispute resolution, the process of mediation is not binding. The mediator does not oblige a decision to the dispute but proposes a solution that may be acceptable to the disputing parties. Mediation process is mostly applied where the disputing parties need to have a good relationship after a solution has been reached (MacKinnon, 2007).


            A mediator is an unbiased third party who helps the parties locked in a disagreement to resolve their disputes. A mediator looks into all the matters surrounding the conflict in order to know on how to resolve the issue. The mediator first identifies the needs of the conflicting parties and seeks clarification for those issues. The conflicting parties invite a mediator at their own will. Naturally, a mediator is supposed to sit on the fence and not to identify mistakes but to help the parties identify an amicable solution to their problems. The mediator does not provide legal counsel to the conflicting parties but…

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