Mediation

Paper Summary:

This paper reviews and discusses mediation. According to the paper, mediation is the process in which a third-party neutral, called the mediator, acts as a facilitator to assist in resolving a dispute between two or more parties. The paper discusses the types of mediation, the situations in which mediation is a suitable option, and outlines the advantages and disadvantages and this function.

Outline:
Types of Mediation
Areas in Which Mediation can be Applied
Advantages of Mediation
Disadvantages
Conclusion

From the Paper:

"The mediation process can be applied to resolve almost any type of dispute of a collective or individual nature. The process of mediation has for long been recognized in international law and is used for resolving political, economic, or trade related disputes among different countries. The Charter of the United Nations, for example, requires all members to submit disputes to mediation on recommendation of the Security Council. Even before the establishment of the UN, there had been a number of notable mediation efforts internationally. The United States served as mediator between Bolivia and Chile (1882) and the US President Theodore Roosevelt successfully mediated in the Russo-Japanese War in 1905 by brokering a peace agreement between the two countries. The World Trade Organization (WTO) also has important powers to mediate in trade disputes between its member countries."

Sample of Sources Used:

• "Are there some cases that should not be mediated?" NOLO: Mediation FAQs. 2006. November 27, 2006. <http://www.nolo.com/article.cfm/pg/7/objectId/AEED791E-B41C-4CE5-8271983F8C9FBEEA/catId/B21C6122-6654-468C-83A6D0B4B74D37CD/104/308/239/FAQ/>
• Bates, John B., and Bruce A. Edwards. "Mediation: The Pursuit of Compromise." USA Today (Society for the Advancement of Education) Mar. 1994: 38+. Questia. 27 Nov. 2006 <http://www.questia.com/PM.qst?a=o&d=5002202903>.
• Spangler, Brad. "Transformative Mediation." Beyond Intractability: University of Colorado, Boulder. October 2003. November 27, 2006. <http://www.beyondintractability.org/essay/transformative_mediation/>
• "Types of Mediation." Robert Carrow's Home Page on Mediation & Arbitration. 2006. November 27, 2006. <http://www.carrow.com/MedTypes.html>
• "Why Consider Mediation?" NOLO: Mediation. 2006. November 27, 2006. <http://www.nolo.com/article.cfm/ObjectID/8AC559A6-5EAA-4565-834745CD74FC79A1/catID/B21C6122-6654-468C-83A6D0B4B74D37CD/104/308/239/ART/>

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• Analytical Essay # 133072 : "Mediation and Domestic Violence"
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• Comparison Essay # 69247 : "Mediation Models"
• Term Paper # 127737 : "Mediation in Employee Disputes"

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