Mediation

See Negotiation for more information.

If the negotiation lasts for too long, frustration may arise. Mediation is the act of bringing a third, neutral, party to a negotiation or a conflict in hope for it to help settle it.

They are 3 different types of conflict resolution: Mediation, Arbitration, and Litigation. Each of these methods requires the use of a mediator. Ideally, they are patient, creative and have the ability to develop a relationship of understanding, empathy, and trust.

Types of mediation
There are different ways of mediating a conflict:
 * Facilitation: the mediator is not part of the process but helps parties understand each other
 * Conciliation: the mediator is not part of the negotiation but help circle the square
 * Mediation: the mediator is part of negotiation
 * Arbitration (non-binding, not obligatory): the mediator make a final decision that may or may not be followed
 * Arbitration, judge: the mediator takes the final decision and this decision is binding.

Role of the mediator
The mediator is a facilitator, not a judge. He can facilitate negotiations in different ways. The first role of a mediator is to set common rules if necessary. The rules should focus on cooperation, joint problem solving, no personal offense, etc. The Mediator should also offer an external point of view, allowing to perceive the emergence of new options, the sharing of new information, details, etc. Finally, by determining objective criteria, by involving anyone in the decision making and taking care of the losing side, the mediator should permit a softer landing of the negotiation.

Is the manager a mediator or a judge
Depending on the culture, the power distance and the situation, a manager may either be a judge or a mediator. The key importance lies in the responsibilities. As a mediator, the responsibilities and accountabilities lie with the employee. If the manager becomes the judge and settles the issue himself, then he will have to take accountability for his decision. Removing most of the responsibility of his team. Being a judge has other downfalls, the quality of the decision could be impaired by having access to only partial information. It does not solve the conflict and can even create resentment, finally, it does not help the employee develop the skills necessary to face the same situation in the future. === Setting up a mediation ===
 * 1) Planning: the mediator is the one setting up how the meeting should take place.
 * 2) Introduction: The mediator introduces the parties, the process and lay up some ground rules.
 * 3) Opening remarks: Each side has the opportunity to present its view, without interruption.
 * 4) Joint discussion: Now everyone is free to ask questions only if it leads to a better understanding.
 * 5) Caucus: if necessary, the parties are split again to listen to them separately and bring forward new information.
 * 6) Negotiation: at this point, it should be able to generate alternative ideas.