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Words: | Submitted: Fri Jan 28 2005
... Saadia Touval suggest the definition of mediation to be "a mode of negotiation in which a third party helps the parties find a solution which they cannot find by themselves."3 The definition is broad and encompasses a wide range of third party involvement. Jacob Bercovitch distinguishes mediation from other forms of third party involvement as follows: 1) Mediation must be invited by the parties in conflict; that is, the parties are not forced to accept mediation 2) Mediation aims to "change, affect or influence their [disputants'] perceptions or behaviour"; that is, mediation do not attempt to enforce a settlement 3) Mediation does not employ force, as opposed to armed intervention 4) Mediation does not enforce a resolution4 through the invocation of legal norms, unlike arbitration5 Mediation is thus concerned with the achievement of a compromise that will be accepted by all parties through facilitating information exchange and negotiation. How the disputants would arrive at ...
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