Mægling

Mægling, or mediation, is a dispute resolution process in which a neutral mediator helps two or more parties to reach a voluntary agreement. The mediator does not decide the outcome but facilitates communication, identifies underlying interests, and assists the parties in generating options for settlement. The process is typically confidential and non-binding, meaning that any agreement is only binding if the parties sign a settlement or the agreement is incorporated into a court order.

Mægling is used in various contexts, including civil and commercial disputes, family matters such as divorce and child arrangements, workplace conflicts, and neighborhood or community disputes. It can be initiated voluntarily by the parties or mandated or encouraged by courts or authorities in some jurisdictions.

Process typically includes an intake or screening, setting ground rules, joint and private sessions, exploration of interests, brainstorming of solutions, negotiation, and the drafting of a written settlement. The mediator helps balance participation, manages power dynamics, and ensures respectful communication, but does not impose a solution.

Outcomes can include a binding settlement, revised communication protocols, or a framework for future cooperation. Even without an agreement, mediation often yields faster resolution and preserves relationships while reducing costs compared with litigation or arbitration.

Legal and professional context: Many jurisdictions provide confidentiality protections and support mediation through court programs or alternative dispute resolution schemes. Mediators may be trained professionals with accreditation from recognized associations, and quality standards vary by country. Critics note that mediation relies on voluntary participation and may be less effective where power imbalances or safety concerns exist.