Mediation
Mediation is based on the negotiation of disputes with the help of a neutral person, who favors the effectiveness of the discussion. He leads the negotiation with the aim to avoid to centralize the attention on establishing what is "true or false" or what is "just or unjust", because this approach would lead to reduce every solution negotiated to a mere compromise, made on the borders of those which the parties think the “true” issues.
The objective is instead the widening of the communication between the parties of the conflict, through the exchange of new information and the involvement of new actors (the neutral person), so as to make to emerge the real reasons of the conflict.
Thus such proceeding, the parties come freed from the psychological obstacles used by them until to that moment in the conflict, because the neutral person addresses litigating to characterize which is their concrete interests in game and which are the common points.
Consequently, concentrating the attention on parties interests, the neutral person favors emerging of perspectives in a position generating solutions before not imagined.
The idea is to exit from the conflict by means of elastic, able solutions most possible to reduce the harmful effects of the dispute (or economic that relational) for both parties, if not quite to generate an unearned increment: this lets emerging solutions very far what from the traditional conception of transaction in loss, where both parties simply renounces to some requests in order to settle the dispute.
In other words: in Mediation, the escape from the conflict is often attainable not only reducing the damage, but valuing all the interests of the been involved parts, so as to create between they new situations or economic relations, which it would be absolutely impossible to reach for effect of a decision made by a court or by arbitrators.
The neutral person must contain own activity regarding the content of the eventual agreement in two ways.
In Facilitative Mediation, the neutral person avoids carefully any interference on parties appraisals with respect to the possible object of the agreement.
Evaluative Mediation involves instead a more active intervention - but never invasive or ordering – by the neutral person on the same terms of the transaction, calibrated however based on what - during the all discussion hold in front of him - it is emerged to be the real common interest to litigating: the neutral person therefore is not conditioned from that which to he it seems to be the solution corrected according to the right applicable to the controversy
WWN Mediation Rules
