1. What is conflict mediation ?

Click here for the full definition

2. What is the difference between arbitration, conciliation and mediation ?

Learn about the differences by clicking here (3rd paragraph  : Mediation, arbitration and conciliation)

3. Does mediation have weaknesses ?

To some, mediation has weaknesses which, to others, constitute its strength and advantage.

-  Mediation is a voluntary process in which parties cannot be subpoenaed to attend. Both parties have to mutually agree to resolve their differences through a mediation. If one party refuses, mediation can simply not take place. Furthermore, both parties have to agree on a designated mediator.

-  During the mediation process, one party cannot force or pressure the other into attending if they choose to abandon the process. Either party can stop the mediation at any time and without justification.

4. Is there a possible solution ?

The Research Academy of GENEVACCORD ADR regularly presents proposals to lawmakers to revise these weaknesses.

5. Is financial assistance available for the mediation process ?

Yes, by filling out the appropriate forms and attaching the required documentation. This is often the case for couple, family and neighbor dispute mediation cases.

6. Which types of conflict can be resolved through mediation ?

Mediation can successfully resolve any conflict pertaining to family, family estates, real property, lease and sales agreements, neighbor disputes, the health sector, intercultural affairs, intellectual property, businesses and associations, inter and intra corporate and as a whole, to any bi-partisan or multi-partisan conflict relating to private or commercial interests as well as peace-driven politics.

GENEVACCORD ADR specializes in international conflicts, commercial cases, inter and intra corporate or administrative, intellectual property, intercultural conflicts and peace-driven political mediation.

7. How to end a mediation ?

It is a voluntary decision. Mediation can be terminated at any given time by any party unwilling to continue.

8. What happens if mediation fails ?

Mediation offers no guaranties as to the outcome of the process. The mediator is not obligated to reach an agreement by any means.
Mediators, through their professional training, the methodical use of their para-verbal skills, their body language and regular participation in continuing education, work tirelessly to guiding parties to acknowledging their common interests and reaching an agreement.
Should the mediation effort fail, both parties can always resort to the judicial system.

9. What is the typical setting for a mediation ?

The main elements that characterize the mediation setting are the voluntary participation of the parties involved, confidentiality, independence, impartiality, neutrality and equity of the mediator towards the parties and the outcome of the process. Mediators must also always respect the equality and liberty of both parties.
Also, both parties can be accompanied by their attorneys or counsels, should they elect to do so.

10. What is the objective of a mediation ?

Mediation aims to create an environment that allows for conflicting parties to establish, maintain or restore a constructive path of communication, to understand the nature of their conflict and to help them reach a mutually agreeable solution, thus ending the conflict while protecting their interests.

11. What is the role of the mediator ?

The mediator works towards restoring an open dialog between conflicting parties. In order to do so, the mediator must establish a sense of trust to best be able to identify the root cause of the issue. He then helps the parties to identify their individual needs and to craft a solution accordingly. Confidentiality is absolutely enforced during the mediation process.

This way, the mediator is able the help the parties reestablish a dialog, create an environment of trust and respect, allow them to identify their needs and encourage a mutual understanding upon which the solution hinges.

12. What are the advantages of a mediation ?

When compared to other conflict resolution methods, mediation is faster, more cost efficient, more flexible and the most respectful of the relationship between the parties involved. Additionally, the strict confidentiality protocols are an enormous and often decisive advantage for most parties.

-  field practices of GENEVACCORD ADR
-  partially inspired and adapted from:

Permanence Info Médiation