Skip to Main Content
Mediation
book

Mediation

by Jacqueline Deschamps
May 2019
Intermediate to advanced content levelIntermediate to advanced
178 pages
3h 29m
English
Wiley-ISTE
Content preview from Mediation

2 The Constituent Elements of Mediation

The definition of mediation remains incomplete if no attention is paid to the specific criteria that give it its unity independently of the social lines of business in which it is employed. In a mediation process, several elements come into play: a “third party” is involved in a mediating “relationship” among “subjects”. The two parties involved acknowledge the authority of the third party.

2.1. The third party

The “third party” element is one of the core and fundamental characteristics of mediation. In simple terms, it is the third person who intervenes in a relation or transaction between two individuals. Placing oneself in the social order as a third party means simultaneously being in an arbitrating position as well as in a dynamic position of negotiation and mediation. The definition of mediation spells out that a third party must have specific qualities – impartiality, neutrality and independence – in order to set off an actually tripartite process.

Thus, we will see how the idea of third parties can be defined. What is their function? Why are third parties required?

2.1.1. From the word to the concept

The first article of the Code of Deontology, created by the National Association of Mediators, defines the object of mediation as follows:

“Mediation, whether legal or conventional, is a structured process which relies on the responsibility and autonomy of those involved, and voluntarily, with the help of a neutral, impartial, ...

Become an O’Reilly member and get unlimited access to this title plus top books and audiobooks from O’Reilly and nearly 200 top publishers, thousands of courses curated by job role, 150+ live events each month,
and much more.
Start your free trial

You might also like

Conflict 101

Conflict 101

Susan H. SHEAROUSE

Publisher Resources

ISBN: 9781786303868Purchase book