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MEDIATION

Mediation is a structured, interactive process where an impartial third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties (e.g., "You should do...").

Mediation, as used in law, is a form of alternative dispute resolution resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community, and family matters.

The term mediation broadly refers to any instance in which a third party helps others reach an agreement. More specifically, mediation has a structure, timetable, and dynamics that "ordinary" negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process. Mediation is becoming a more peaceful and internationally accepted solution to end the conflict. Mediation can be used to resolve disputes of any magnitude.

The term mediation, however, due to language as well as national legal standards and regulations is not identical in content in all countries but rather has specific connotations, and there are some differences between Anglo-Saxon definitions and other countries, especially countries with a civil, statutory law tradition.

Mediators use various techniques to open, or improve, dialogue and empathy between disputants, aiming to help the parties reach an agreement. Much depends on the mediator's skill and training. As the practice gained popularity, training programs, certifications, and licensing followed, which produced trained and professional mediators committed to the discipline.

Publications:

Tetiana Mykhalchuk
ISBN: 9789462404939

2019

The author examines how, in the context of (post-)international crises or situations, and what is the role of unintentional mediators in the processes of reconciliation through the power of shared motifs, images and symbols, as well as literary and cultural co-operational networks and continued textual discourses. In this context the research focuses also on the question of whether and to what extent the history of the transcultural reception of literature (with an example of expressionism, as European transcultural movement) is part of Eastern and Western Europe’s history of cross-cultural interweaving. The interweaving of literary discourses refers to the processes of reception in which artists and writers from different cultures meet through poetry, prose, drama, and film, continuously producing a variety of shared motifs, thereby profoundly questioning various predetermined concepts
of cultural identity differences. Through analysis of European literary texts, the elements of interweaving are inextricably linked to the questions of the essential role of literature in the process of reconciliation, which in turn is connected to other forms of intentional mediation such as the economic power or political strategies of exchange and cultural translation.