Manage WHAT IS MEDIATION?
Mediation is facilitated negotiation. A professional neutral person assists the participants to a dispute to clarify the facts, identify the issues, and create possible solutions. The professional does not make a decision. The process usually concludes with a written agreement.
WHAT IS FACILITATION?
Facilitation is a process similar to mediation that does not result in a written agreement. The professional neutral, facilitator, assists the participants to a dispute or controversial issue to clarify their interests and positions, identify a strategy for future discussions, and begin the discussion of possible resolutions. The professional does not make any type of decision on behalf of the participants.
WHAT IS ARBITRATION?
Arbitration is private judging. A professional neutral, an arbitrator, meets with the participants in the dispute in a private setting and listens to their arguments or those of their attorneys and makes a decision, called an arbitral award. Arbitral awards are given great deference by courts and generally are not overturned. Arbitrations usually result from a provision in a contract or a policy established by a trade organization or union.
WHO CAN CALL THEMSELVES A MEDIATOR?
The title “mediator” differs from state to state. Some states have no certification, qualifications, or licensure. Others have rules or policies that relate to mediations that come through the court system. All CCN principals have academic training in dispute resolution and many years of individual experience in practicing in mediation, arbitration, or facilitation. Many principals have also taught at the university level and have conducted trainings nationwide.