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Literature review/ Mediation approach in dispute resolution - Book Report/Review Example

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Mediation is a strategy that involves a third party volunteering to offer guidance to two parties with the aim of achieving an equally favourable resolve with regards to a prevailing dispute. The third party is usually neutral and engages a non-binding method without forcing a…
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Literature review/ Mediation approach in dispute resolution
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Download file to see previous pages This paper presents a review of literature regarding mediation approach in dispute resolution highlighting the costs and benefits of mediation. It also compares and contrasts the process of mediation to other methods of dispute resolution.
The resolutions reached through mediation are by consent and therefore no party can claim to be a loser in the process. It develops a foundation for restoration of the relationship that existed before the dispute. In India, mediation is an age old practice that was reflected in the ‘Panchayat system’ in which esteemed village elders helped community members to resolve disputes. Contemporary mediation in India is applied in virtually all forms of disputes in communities and business as a strategy to reduce backlog of litigations. Minor disputes such as workplace conflicts well as between neighbours are effectively solved through mediation. It is also commonly applied in labour and environmental disputes (Xavier, 2006). The US and European Union (EU) have been engaged in mediation to settle political and interstate disputes, such as the Ohrid agreement that involved the government of Macedonia and the Albanian minority in 2001. The EU has also acted as a mediator in the territorial dispute of Georgia in Geneva (Wagner, 2003). Mediation has been applied successfully to handle cases of divorce and child guardianship in the US. The United Nations appoints eminent persons to act as mediators on its behalf to settle political disputes such as the Arusha talks for Rwanda in 1994 that sought to reconcile two communities involved in the genocide that led to the murder of close to 1 million civilians. UN has a Mediation Support Unit in the department of political affairs aimed at enhancing mediation success. It is mainly focused on the maintenance of international peace and stability (Nathan, 2004).
Mediation takes several forms which ...Download file to see next pagesRead More
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