Njëndërmjetësim

Njëndërmjetësim, also known as mediation, is a process in which a neutral third party, known as a mediator, assists disputing parties in resolving their conflict. The mediator facilitates communication and negotiation between the parties, helping them to reach a mutually acceptable agreement. Unlike arbitration or adjudication, mediation does not impose a decision on the parties; instead, it empowers them to make their own choices.

The mediation process typically involves several stages. Initially, the mediator meets with each party separately to understand their perspectives and interests. This phase is known as the assessment or fact-finding stage. Following this, the mediator facilitates a meeting between the parties, encouraging open dialogue and active listening. The mediator may also provide guidance, clarify misunderstandings, and suggest options for resolution.

Mediation can be used to resolve a wide range of disputes, including family matters, employment issues, and commercial disputes. It is often preferred for its flexibility, confidentiality, and cost-effectiveness. However, it is not suitable for all disputes, particularly those involving criminal offenses or serious personal injuries.

The effectiveness of mediation depends on several factors, including the willingness of the parties to cooperate, the mediator's skills and experience, and the complexity of the dispute. Successful mediation requires a commitment from all parties to the process and a genuine desire to reach a resolution.

In some jurisdictions, mediation is a mandatory process before litigation can proceed. In others, it is an optional alternative to traditional dispute resolution methods. Regardless of its form, mediation offers a valuable tool for resolving conflicts in a cooperative and constructive manner.