Process of Mediation in Business

Ethics is an extremely important part of the mediation process, Parties in a mediation expect that the procedures will be ethical and fair and that the mediator themselves will act with a fair and ethical mindset, Considering this, the following essay will examine the five principles of model standards, explaining the significance of each principle and how it contributes to a fair procedure Principles & Their Significance Self-determination refers to a party’s ability to make decisions based on their free will and with the relevant information A mediator has a duty to allow parties to make such decisions and to provide information to parties that may be important to their decisions This is significant because it promotes the idea of informed consent and ensures that the parties are acting of their own volition in order to take part in a fair procedure.

Impartiality is a standard that the mediator themselves should practice. Impartiality means that the mediator does not show any bias or favoritism towards either of the parties or the subject matter at hand.

The mediator in any situation should be completely unbiased and impartial in the process. If they are not impartial, they should not mediate the conflict. This is significant because a biased mediator can result in unfair decisions and favoritism, which negatively impacts fair procedure. Conflicts of interest are somewhat related to impartiality A mediator should not involve themselves with a situation in which they may have a vested interest. For instance, a mediator should not try to mediate a conflict in which their decision also determines how much money they receive.

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Conflicts of interest result in a lack of impartiality and a lack of fair procedure for both parties.

Competence is a standard for mediation which describes the necessity that the mediator be someone with the right amount of knowledge and expertise in order to effectively mediate the subject at hand, This is so that the subject matter and the nature of the conflict are understood fully and are handled by someone who can come up with effective solutions. This is extremely significant because incompetence can lead to poor decisions and an unfair procedure throughout the mediation Confidentiality refers to the concept that the mediator should not disclose information about the mediation itself or the parties’ actions during the mediation, unless required by law, Keeping the mediation confidential ensures that the parties can be more comfortable to express relevant information and provide a complete picture of the situation.

This supports procedural fairness because it means that a party will not be at a disadvantage if they have information relevant to the conflict that they do not want to expose to outside parties InAccord 81 Touchstone Skills The InAccord model and the Touchstone Skills support these five principles as they provide a structured and detailed approach that can be used by a mediator in order to come up with effective solutions based on these principles. These tools provide helpful guidelines which, if followed, will help the mediator embody these principles as they work through a mediation scenario. Conclusion It is vital for mediators to fully understand these principles and why they are important to the parties and the mediation process as a whole. Once mediators understand this, they can begin internalizing these principles for use in their professional mediations and support fair, unbiased outcomes in every dispute which they mediate.