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...can be used in alternative dispute resolution (ADR). ADR is being used more and more frequently as civil courts become backlogged with cases. This paper describes the concept of mediation, the steps in the process, the concept of neutrality and ethical rules for mediators.
Discussion
The mediation process itself varies depending on what jurisdiction or agency we look at. All of them, however, describe a process that has multiple steps, many of which are very detailed. This one is from the Veteran's Administration.
The first step is the introduction, in which the parties introduce themselves, the Mediation Agreement is explained and signed; the process is described (no note-taking or interruptions; "Complainant speaks first, then Respondent"); then the fact that there is no lawyer is discussed; finally the objective of the mediation is reinforced, so that all participants understand the aim is resolution, not investigation or fact finding (The mediation process, 2004).
In Step 2, the complainant "gives account of the circumstances which lead to the filing of the complaint"; at...