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Mediation

Mediation2 Mediation is a process in which a person or persons who are neutral (i.e. do not have an interest in the outcome) facilitate communication and negotiations between parties to assist them in reaching a mutually acceptable agreement, or a better understanding of each others interests, needs, values and options. The classic definition of mediation emphasizes that the mediator remains impartial with regard to the parties and the outcome of the conflict and that the parties are responsible for the content and implementation of any agreement. Mediation provides citizens with a cost-effective and efficient alternative to litigation, and simultaneously supports legal decentralization and unburdens court systems' heavy caseloads.  

Mediation is growing rapidly around the world and in every conceivable type of dispute. Mediation has become an important legal process in many different countries and contexts--businesses use mediation clauses in contracts, community mediation services deal with neighbor and landlord-tenant issues, and many family law issues like divorce and custody are regularly referred to mediators. On average the success rates of mediation processes range from 80%-85% (about 10% less for court-mandated mediation). In an attempt to capitalize on the success rates, many countries and courts have amended legislation to include provisions for mediation of disputes. 

Partners work in mediation has taken many forms:

Establishing Mediation Centers: Partners pioneered mediation in Central and Eastern Europe, and eight of the Centers offer formal mediation services: Bulgaria, Czech Republic, Hungary, Kosovo, Lithuania, Poland, Romania and Slovakia. These services resolve disputes on issues such as divorce, child custody, division of assets, property, bankruptcy, breach of contract, claims and leases, labor-management, community housing, the environment, minor criminal cases and blood feuds. The mediation centers focus on using context specific and culturally sensitive processes and often integrate elements of traditional or indigenous dispute resolution processes. 

Mediation and Rule of Law: Partners has led efforts to formally incorporate mediation into national legal systems, helping to establish mediator credentialing standards, court referral policies and other elements of a comprehensive modern justice system.

Education and training on mediation: Throughout the Centers, Partners conducts mediation trainings and educates the public, organizations, and government bodies on the benefits of mediation. More...

Mediation in schools and prisons: Partners Slovakia established peer mediation programs in over 40 primary and secondary schools and university. The Center trained volunteer students and teachers in conflict resolution skills and then worked with them to develop mediation programs that resolve school-based disputes. More...

In Bulgaria, Partners trained numerous prison staff--from guards to psychologists to prisoners themselves--in order to promote mediation and prevent disputes among prisoners or between prisoners and staff from escalating into violence. The training gave participants new communication and negotiation techniques, crisis and conflict management skills, and introduced institutionalized mediation into prisons. More...

Environmental mediation: Partners Argentina successfully facilitated a complex multi-stakeholder mediation process to resolve a conflict over the competing interests regarding the fate of the Araucarias trees. More...

More on Partners work in Mediation...

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Gabriela Asmar, Director of Parceiros Brasil, has been selected as one of the class of 2011 Weinstein International Fellows by the JAMS Foundation, one of the leading dispute resolution institutions in the United States.

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