Significance Of The Mediator Find Consensus In Conflict Law Essay

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This article examines the significance of the mediator in conflict. Mediation is a process of conflict analysis or conflict management which involves a specially-trained third party – the mediator – helping people in a dispute to attempt to discuss their situation and resolve it together (Capelos and Smilovitz, 2008). Mediation can happen at many levels, it is based on a third party to try “to be an important ingredient of social change aimed at achieving greater harmony and equity between individuals and groups, both within and between societies ” (Ronald, 2001).

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In this article, the first aim is to represent the role of the mediator and the importance of the mediator. Then the second part is related to the parties in conflict and the behaviors of them. The third part is talked about the consensus in conflict. The fourth part show how the mediation works in conflict and the process, problems, techniques and benefits of the mediation. The last part is the conclusion of this paper. The mediators help the parties in their negotiations by facilitating a fair process which results in the disputing parties voluntarily reaching a mutually agreeable settlement. The mediator is not a judge and they do not have the right to make decisions or impose solutions on the dispute. The role of the mediator is completely different from that of a judge or an arbitrator. (James G. Zack Jr, 2000). The mediators do not simply listen to the negotiations and write down the words of solutions. In nature, a mediator can be called as a negotiation facilitator. As a neutral negotiation facilitator, the responsibility of a mediator is to offer a comfort environment for the parties to express their points of view, make clear misunderstandings, explore possible solutions and assist the parties to reach an acceptable settlement. The mediator must collect any information regarded as necessary to assist the negotiation process and must drive a solution which satisfies each agent (Benisch and Sadeh, 2005). The mediator is the core part in the mediation process. Without the mediator it is like that the opponent parties are still in dispute with disorder or at a loss what to do. The mediator can give the parties the possible to reach satisfied resolution they want. With the help of the mediator, people can keep control over the resolution of their dispute. An effective mediator has strong inter-personal skills and are adept .in forming quick relationship of trust and understanding with all the parties involved in dispute (Richbell, 2002). In common, parties are unfamiiliar with the mediator they chosen. As a mediator, it is necessary to establish trust from their agents quickly then they can build good relationship. In order to build a good relationship with the agents, a mediator should demonstrate that he has empathy with them (Richbell,

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