Why does mediation work for civil disputes?
There are many forms of conflict resolution, some involve a mediator who, as a neutral party works with the two sides of a conflict interjecting ideas for solution.
In Restorative Justice models the burden of resolving the conflict belongs to the participants. They bring to the circle ideas for not only an outcome agreed by all but also a reparative piece, to address any other harms that may have to be resolved as well. A Facilitator merely holds the process but does not participate by making suggestions. It is truly up to the individuals with the conflict to resolve it peacefully, fully, with heart, honesty and compassion for one another.
Mediation works because a neutral with experience in mediating disputes is able to see multiple perspectives. The neutral will often look for options that feature mutual benefit, and work to direct the parties towards their own voluntary solutions. The mediation process can be tailored to the case at hand, in terms of procedure and applicable law. It is flexible and adaptable, with a goal of having the parties achieve a final resolution. It is now widely recognized that in many cases, clients can obtain better overall results through mediation than through civil court proceedures.
