mediating

Mediating, as a verb, refers to the act of intervening and guiding dialogue between disputing parties to help them reach a voluntary agreement. It is a form of alternative dispute resolution (ADR) that is nonbinding and noncoercive, with the mediator facilitating but not deciding outcomes. The process is collaborative, confidential, and based on self-determination.

A mediator remains neutral, manages communication, identifies issues and interests, generates options, and assists in drafting a mutually acceptable agreement. Tools include active listening, open-ended questions, reframing, summarizing, caucusing for private discussions, and setting ground rules.

Typical steps include screening and intake, setting ground rules, opening statements, joint discussions, caucuses if needed, issue identification, option generation, negotiation, and drafting a settlement.

Mediation is used in civil disputes, family law, workplace conflicts, community disputes, schools, and online settings. Court-annexed mediation exists in many jurisdictions. Benefits include lower cost and time, preservation of relationships, privacy, and tailored solutions; limitations include power imbalances, partial settlements, and limited enforcement beyond a signed agreement.

Ethics and standards emphasize confidentiality, neutrality, conflicts of interest, and self-determination. Mediators do not provide legal advice unless qualified as legal professionals; competence and practice guidelines vary by country and organization.