The Description of Mediation - Essay Example

? Mediation This essay is law based topic of sociology. It includes the of mediation. It covers the interview from a mediator who practices the mediation in a court. Mediation is a term used in law which means to resolve disputes among parties. This essay is interview based topic that collects a lot of information regarding the mediation and mediator. This essay covers how a mediator practices the mediation and what is his or her reward. What is scope of mediation and what is position of mediation either primary or ancillary. Mediation is a term used in law that describes a method to resolve disputes among two or more parties with solid arguments. The person who practices the mediation is called mediator. He/she aim to negotiate a settlement among parties. Negotiation is made on variety of disputes that may be commercial or legal, community or family matters. Mediation is kept confidential, not disclosed to others. Only the parties and the mediator know about the case under study. Mediator performs his/her services on impartial basis. He/she do not give any valuable feedback but just facilitate the parties and make impartial decisions. In mediation different techniques are used that are aimed at helping the disputants to settle the matter. Mediators are specialized in different field. They have popularity on the basis of certificates and license and training in the specific area. Mediator performs services that produce such results on which both parties are mutually agreed. The benefit of mediation is that mediated agreement is enforceable in court and court and parties are responsible to oblige the results of the results attained from mediation. I have observed the mediation process and I have some finding over it. I have observed that mediator is a licensed person who negotiates the settlement. The method of dealing with dispute is different. It requires different types of arguments. As there are different article and constitution says differently on the type of dispute. Like divorce has its own article in constitution. Family court deals with the issue of marriage and divorce. Crime court deals with different issues. In order to understand what mediation is in actual form, I met with a mediator. And I interviewed from that mediator. I have observed that mediator has got training form the well known institution and have a good experience of mediation. He has certificates of practicing mediation. The institution is well known of itself in practicing law. The graduates of that institution are world wide honored. Because that institution not only focuses on theory of law but also on practical approach. From interview I got information that coming in this field is an easy task as compared to the other subjects. Pursuing this field has the main reason that facilitating others is a sound business and has same worth as a lawyer or attorney has in the court. A mediator does not only treat only a specific type of case. The nature of case is different. But I got that case on family matters are mostly under study. Family matters like the marriages and divorce are cases mostly practiced by that person. The reason behind such cases was not known but from the interview I got that there are a lot of disputes on family matters. And most of the families are suffering from such type of phenomenon. I further observed that this field is rewarding as the mediator earn equal to an attorney in the court. This field of mediation rewards same as a attorney get reward. Reward is received in the form of honor and money received from the client. Most difficult thing observed regarding mediation is to become impartial while resolving the dispute. Because parties try their best that decision should be in their favour. This is the critical moment where a mediator takes mature and conscious step toward decision. Mediation is different type of vocation. Mediator is ambitious to solve different matter through different methods. Mediation is considered as ancillary mediation. It is helping entity that helps out the people to solve the disputes among parties. From interview I got information that mediator was highly motivated toward his work. He was neither intended to go any other field nor leaving this field. This is not only the tendency of a single person but most of the mediator thinks in the same way. As earlier mentioned, that the mediator deals with family matter. He was not interested to take other cases importantly crime. Mediator shows his own disinterest toward other cases. There was not any other specific reason behind this. Mediator has the success in most cases. About 80% cases went to the success. The most fruitful advice the mediator gave me is that to make impartial decisions. Because if you perform your services on partial basis it would cause the cancellation of license. And once the license is cancelled, it defames the personality and person looses his/her profession on permanent basis. While taking interview from the mediator I found him friendly, understanding and approachable. He fully cooperate with me and provide me the information what I was demanding. If I was asked to go on the mediation of a divorce with that mediator I would prefer to go and see what happen and how it works. Because his friendly way convinced me to go to such type of hearing. It developed an interest in me to see the process of mediation. If I would have option either to go to the hearing of any other case except divorce I would not prefer to go. The enthusiastic attitude of the mediator toward mediation developed more interest in me regarding mediation. (WIPO Arbitration and Mediation Center) Conclusively if I was asked that what I learned from the interview is that it is an interesting field and have a great scope. It is an interesting profession which deals with daily life matters. Grade A level judgment is the essential of the field. Honest and integrity are the backbone of this field. This field is a matter of judgment. One who has good judgment power can better understand the situation and can make decision according to this. In this field there is no cultural boundary and there is no exception on the basis of any norms and values. All the decisions are made on the judicial basis which is totally fair and according to the law. Theory is important to understand the rule of a specific region and the rule of the world. What international law says is important. There is no such behind the scene story about mediation. All is visible to the parties and mediator itself. Reference WIPO Arbitration and Mediation Center. (n.d.). Retrieved November 28, 2012, from WIPO: http://www.wipo.int/amc/en/index.html Read More