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Mediation is an approach to help people, particularly in conflict situations, to make decisions that will contribute to the resolution of their dispute.

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Diana Wallis, Vice-President of the European Parliament, during the 1st scientific meeting for conflict resolution, on march 20th, in Paris.

Mediation is a discipline dedicated to the individuals and groups accompaniment. It has various applications in aid to reflection and decision making, especially in situations of change or adaptation. Representations of human beings interacting in the concepts of mediation, emphasizing development of type spiritualist, legal, psychological and, in these cases is not considered a separate discipline, or scientific and educational.

It is widely presented on the Wikimediation initiated by the mediators, which are attached to the Professional Chamber of mediation and negotiation and develop the approach to mediation as a discipline in its own right.

Generalities

Mediation (see the etymology of the word mediation) has several applications. It is a question of mediation in conflict situations. Developed by professionals in the Professional Chamber of mediation and negotiation, mediation is a discipline aimed at facilitating the flow of information. It may be associated with a position of thinking or learning. The scientific approach of conflict and structured process developed by "Médiateurs Associés" allows parties to settle the affective / emotional dispute out of the confrontation on the interests and positions, and reaching an agreement. The definition of conflict and current influence of mediation can better understand the different approaches to mediation. The definition that is used by professional mediation, compared with the usual practice of dealing with conflicts in the logic of a structured process and reversed.

Definition of Mediation

For professionals, mediation can be defined as a reverse process compared to the judicial system.

The identification of elements of a conflict can identify that the judicial system proceeded by examining first the legal elements of the dispute, and its technical aspects and intends, if necessary, repair the emotional element ; mediation proceeds in reverse order. The mediator accompanying statement affective or emotional conflict, allows the search for a technical solution and its adoption and finally validated by the parties the nature of the place is legal or not maintained them.

The differences in the definition of mediation can be seen in the production of various associations and the organization of professional mediators.

A fundamental point between all the associations located in mediation, especially those grouped in a collective for the collection of mediation or mediation organizations (ROM), the Chambre Syndicale de la médiation. This point concerns the very definition of a conflict.

  • By the members of this group, a conflict would not change how a person could make a decision and that person would be free in these choices, the mediation can only be proposed to the parties before any judicial proceedings: Whatever is the context, mediation is an approach that is based on the (...) free commitment of the actors.
  • For CPMN, a person loses his freedom of decision in a conflict. This design has two ways of looking at the entry into mediation. The people in a dynamic binding, locked in a bidding process, submission to arbitration, if any, for the CPMN, imposing mediation to encourage the parties to take back control of their dispute and would lead its free resolution. Thus, mediation has every reason to be a prerequisite to judicial proceedings. The key is in the result: In a conflict, people do not exercise their freedom of decision. The important thing is not entered into mediation, but the way people in kind.



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