... and do not dwell on the fault of either party. Instead, the mediator guides each party in gaining a satisfactory result. Unlike court proceedings or arbitration, the parties retain complete control of the decision. If it appears that no agreement will be reached, the parties can end the process and proceed with litigation or arbitration. Blumberg explains that the mediation process typically includes three phases: introduction, problem solving, and closure. In the introductory phase, the mediator develops an atmosphere of reasonableness by establishing ground rules for participation approved by the parties. During this phase, the parties explain their respective perceptions of the disputed issues. In the second phase, the mediator focuses discussions to explore issues of new proposals and solutions. The final phase of mediation is closure, where the parties confirm their agreement and draft their settlement documents. Fortunately, nearly every type of human conflict can employ mediation. Mediation simply ...

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