Human rights disputes arise everywhere, and their reporting is on the rise. In 2018, Human Rights experienced an unprecedented 25% increase in its caseload. This increase coupled with a shortage of adjudicators has led to significant delays and a growing backlog of cases.
Human rights disputes are in fact ideally suited for mediation. Mediation provides respondents with their “day in court,” and the empowerment that comes along with telling their story. It also demonstrates to respondents the impact of their conduct. Finally, it allows parties to explore interest-based solutions not typically available in a legal forum, which may preserve ongoing relationships.
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It takes the right mediator to tap into the transformational power of mediation. They must have good interpersonal and listening skills; sensitivity to gender, culture, or diversity issues; creative problem-solving skills; and credibility with the parties. Of utmost importance in human rights disputes is the mediator’s ability to walk the fine line between maintaining neutrality while separately conveying information to parties – particularly information about the impact of conduct or interpersonal misunderstandings.
Mediation provides a neutral and confidential setting where both parties can openly discuss information about the underlying dispute. Through enhanced communication, mediation can foster improved working relationships and a better understanding of factors that may be affecting the overall workplace.
Mediation is Confidential. This means that all communication, except as provided by law, cannot be shared with third parties. The mediator and the parties must sign agreements that they will keep everything that is revealed during the mediation confidential. The mediation sessions are not tape-recorded or transcribed. Notes taken during the mediation by the mediator are destroyed.
How Do I Prepare for Mediation?
Prior to the mediation session, you may wish to: Who Is The MediatorA mediator is an independent person, experienced and trained in the mediation process, who assists the parties in reaching an agreement. A mediator does not take sides or decide who is right or wrong. Instead, the mediator is impartial and neutral. The parties decide the outcome, not the mediator.
How Mediation Works?
Mediation is a form of dispute resolution that serves as an informal alternative to the traditional investigative or litigation process. In mediation, the neutral third party known as a mediator, helps the parties reach a voluntary, negotiated resolution. Mediation gives the parties the opportunity to meet and discuss their views of the case; clear misunderstanding; identify underlying interests and concerns; find areas of agreement; and identify creative solutions.
The goal of the mediation is for the parties to reach a mutually acceptable outcome of the pending dispute. Mediation is not so much about finding truth or justice as it is about searching for options and crafting solutions that allow the parties to move forward and put the dispute behind them.
Mediation is a cooperative, voluntary process that requires the participation of all persons involved in the dispute.