Interest Based Mediation Article

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Interest Based Mediation

Definition,advantages and disadvantages of interest based mediation.

Author: Dave Aschaiek

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The most popular method of conflict resolution, interest-based mediation is often the most effective, as the parties themselves reach a mutual resolution, settling a myriad of issues that often result in judicial intervention. When utilizing interest-based mediation (also known as principled negotiation), the feuding parties understand and agree in advance to the process, which will then be taken to a mediator who will help arbitrate the case.

Because participation in interest-based mediation is voluntary, it provides the least restrictive environment and creates a power-balanced form of mediation where common interests are explored, shifting the focus from position-based wants to interest-based needs.

Once both sides are together without their problem-solving attorneys, the critical process opener will begin, where, without interruption, each party has the chance to express the situation from his/her perspective. As the process of interest-based mediation continues, the issue will go from being general to more specific, where potential for resolution may emerge and further brainstorming may confirm areas where agreement between parties can be made possible.

By separating the individuals from the problem while simultaneously taking into account their emotions and perceptions, interest-based mediation increases resolution options and satisfies mutual and separate interests. Because the subsequent agreement is reached between the parties and not imposed by the mediator, the probability of significant improvement in the relationship is greater.

An innovative practice that acts as a catalyst towards early intervention and a fresh start at conflict resolution, interest-based mediation is the most revered form of mediation as a settlement is reached through mutual respect, mutual interests, and shared decision-making. By identifying hidden interests and making sure each party has his/her specific interests satisfied, interest-based mediation will almost always be effective towards reaching a collaborative solution.

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