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Enforceability of international and local mediation outcome - Assignment Example

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Enforceability of Local and International Mediation Outcome I. INTRODUCTION Mediation is an informal way of resolving disputes with the help of a mediator. The mediator does not decide who is right and who is wrong, he just helps the parties to understand their differences and work out their own solutions to problems…
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Enforceability of international and local mediation outcome
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Download file to see previous pages A normal mediation session takes three hours to complete and is attended by both the parties. Mediation is fair, efficient and does not require lengthy litigation and investigation. II. ROLE OF THE MEDIATOR The role of the mediator differs in four different phases of mediation.1 He generally is a contract facilitator. The different roles of the mediator are mentioned below; A. The pre-mediation phase This is considered as the most important part of the mediation process. In this phase, the mediator can create a strong base for mediation process. He has to see if the case is suitable for mediation or not. Some cases cannot be resolved through mediation like criminal matters2 thus he has to see whether the mediation should proceed or not. The mediator also has to check the flexibility of both the parties as the end result of the mediation will be ‘a contract’3 and thus it has to be assessed whether both the sides have the capacity to enter into a contract or not. The last thing that has to be checked is the representation of both the parties, the mediator has to check that the representatives are representing according to the law and their authority over the party has to be checked, so that it should be in the mediator’s knowledge that what kind of agreement the representatives can sign. B. ...
e mediator engages both the parties in a detailed discussion in which both of them try to understand each other’s point of view and perspective; the third duty, which is being performed by the mediator in this session, is to influence the parties to settle the dispute, to make them reach an agreement and to resolve the dispute; and the last task, that a mediator performs during this session, is to engage both the parties in a thorough discussion regarding the issues which they have agreed upon. During this session the parties discuss past and present agendas, whereas, discussing future issues is optional, even though, the discussion of the future issues is essential for this session as it enables the parties to understand each other’s interests and goals. After this session the mediator and both the parties will be aware of each other’s point of views, goals and interests. Each party will now be able to frame a proposal that will satisfy its interests. In addition to that, it will also be able to put forward an offer that will be acceptable by the other party. The mediator will now help the parties to check the accessibility and practicability of their offers. C. The separate session ( the private session) In this stage the mediator tries to detect and put forth the issues that the parties did not discuss in the last session, to enable the parties to reach realistic options that satisfy the needs and interests of both the parties and to guide the parties to negotiate on these options in the upcoming session. The role played by mediator in this phase includes the following; firstly, the mediator has to ensure both the parties that the private session is strictly confidential and therefore they can discuss the issues and agendas which they did not discuss in the ...Download file to see next pages Read More
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