Theory of Voluntary Mediation

Theory of Voluntary Mediation

 Voluntary Mediation In Situation of conflicts when two or more parties come together voluntarily to resolve the dispute and achieve their goals by taking help of a third eligible party (known as mediator) then this process is known as voluntary mediation.  voluntary participation participation of businesses for a shared interest by co-operation of parties to produce good business for public welfare  - He Henk nk va van n leu leuij ijk k

 Mediation means a process in which an impartial third party, a

Mediator, facilitates the resolution of a dispute by assisting disputing parties to reach a voluntary, mutually acceptable resolution of their dispute.  Mediator means an impartial person whose role in mediation is:  To facilitate communication, promote understanding, and assist the parties to negotiate in good faith with each other.  To focus the parties on their interests and assist them in developing options to make informed decisions.  To assess risks, consider possible settlement options, and resolve r esolve their dispute voluntarily.  To facilitate resolution without making decisions for or imposing a settlement on the parties.

Principles

of Mediation

Mediators have to follow a set of principles: Self-determination :

A mediator shall recognize recognize that that mediation is is based on the principle of self-determination by the parties. Self-determination requires that the mediation process rely upon the ability of the parties to reach a voluntary, acceptable agreement. Any party may withdraw from mediation at any time. Impartiality: A mediator shall shall conduct the the mediation in an impartial impartial manner.  A mediator shall mediate only those matters in which he or she remains impartial and evenhanded. If at any time the mediator is unable to conduct  the process in an impartial manner, the mediator is obligated to withdraw. Conflicts of interest  A Mediator must disclose all actual and potential conflicts of interest known to the Mediator After disclosure, the Mediator must decline or withdraw as Mediator unless all parties mutually agree to retain the Mediator A Mediator must not allow pressure or influence from third parties to compromise the impartiality impartiali ty of the Mediator A Mediator must not act for any of the parties subsequently in any matter arising out of mediation without the written consent of all parties.

Competence: A mediator shall shall mediate only when when the mediator has the the necessary qualifications qualifications to satisfy the reasonable expectations of the parties. Mediators should have information available to the parties regarding their relevant training, education, and experience. Confidentiality: A mediator shall maintain the reasonable expectations of the parties with regard to confidentiality confidentiality.. The parties' expectations of confidentiality depend on the circumstances circumstances of the mediation and any agreements they may make. The mediator shall not disclose any matter that a party expects to be confidential unless unless given permission by all parties or unless required by law or other public policy.  A Mediator must maintain the confidentiality of mediation communications. communications. A Mediator will only disclose the same if required by law or with consent of all the

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parties

Quality of the process : A mediator shall shall conduct conduct the mediation fairly, diligently, and in a manner consistent with the principle principle of self-determination by the the parties. There should be adequate opportunity for each party in mediation to participate in the discussions. The The parties decide when and under what  conditions they will reach reach an agreement or terminate terminate a mediation

and solicitation: A mediator mediator shall shall be truthful truthful in advertising and solicitation for mediation. Advertising or any other communication with the public concerning services offered or regarding the education, training, training, and expertise of a mediator shall be truthful. Mediators shall refrain from promises and guarantees of results. Fees:  A Mediator must fully disclose in writing, and explain the basis of  the fees and costs to be charged by the Mediator. The Mediator must not make any unilateral arrangements with any of the parties for additional fees..  Advertising

Participatory Participatory

Ethics

ethics provides idea about how to mediate between business goals & moral demands and how to serve the society in more ethical way and gain corporate excellence. In participatory ethics the process is started with the help of a mediator (volunteer) with the voluntary voluntary cooperation of both the parties on their common interest and different different business issues lile ;  Corporations self interest.  Public welfare.  Competitive issues.  Employee welfare.

Participatory

Ethics (contd..)

In the process of voluntary mediation the following conditions are necessary: a) Participation of all the parties. b) This Participation should follow the approach of free will to choose i.e. it should be voluntary. Participatory ethics is a good approach to maintain & mediate between business interest of the corporations & moral demands of individuals as well as of the society.