For MEDIATION & RESOLUTION, mediation is :
A negotiation assisted by a third party.
This means that :
The parties voluntarily work together to find an agreement with the help of a third party (mediator).
The mediator is there to assist them by helping them to better communicate and build a solution together.
The mediator does not provide the solution, neither in the form of constraint as in a court judgement, nor even in the form of an incentive or of a suggestion. He stimulates the creativity of the parties, so that they can imagine the best possible solution.
The parties are usually assisted by their lawyers.
Mediation offers advantages over traditional dispute resolution methods (court proceedings and arbitration): it is faster, cheaper, and more constructive. It is a collaborative process, based on the restoration of trust through communication. It should help resolve the conflict as a whole, taking into account parameters such as emotions, needs, values and interests of the parties, which are not addressed by classical procedures and thus expand the possibilities of a solution. Mediation attempts to limit the escalation of violence linked to the judicial process and should allow voluntary implementation of the agreement without enforcement problems.