Disagreements happen. It’s just a fact of life, whether it’s at home, at work, or just between neighbors. Sometimes, talking things out directly works, but other times, it gets pretty stuck. That’s where mediation comes in. It’s a way to get a neutral person to help everyone involved talk through the issues and hopefully find a solution that works for them. This article looks at what mediation is all about, why it’s helpful, and how it’s used in different situations.
Key Takeaways
- Self-determination is central to mediation, meaning the people in the dispute get to decide the outcome themselves, not an outsider.
- Mediation is a voluntary process where a neutral mediator helps parties communicate and find their own solutions, unlike court where a judge decides.
- The process relies on principles like confidentiality, neutrality, and the parties’ own ability to make decisions about their situation.
- Mediation can be used for all sorts of conflicts, from family matters and workplace issues to larger civil disputes and even community disagreements.
- While mediation is flexible, it’s important to be prepared, understand the process, and be aware of potential challenges like power differences.
Understanding Self-Determination In Dispute Resolution
At its core, dispute resolution is about people finding ways to sort out their problems. Self-determination is a big part of that. It means that the people involved in a dispute get to make their own decisions about how to resolve it. No one else, not even a mediator, can force a solution on them. This idea is super important because it respects the autonomy of the individuals involved.
The Core Principle Of Self-Determination
This principle is pretty straightforward: the parties in a dispute have the right to control the outcome. A mediator’s job isn’t to decide who’s right or wrong, or to tell people what they should do. Instead, the mediator helps the parties talk to each other, understand each other’s needs, and come up with their own solutions. This focus on party autonomy is what makes mediation different from other processes like arbitration or litigation. It’s about empowering people to own their agreements.
Empowering Parties Through Autonomy
When people feel they have a say in the resolution, they’re more likely to stick with it. It’s like when you help plan a trip versus when someone else plans it all for you – you’re usually more invested in the one you helped create. In mediation, this sense of control can really lower stress levels. Parties can explore options that a judge might not even consider, solutions that really fit their specific situation. This autonomy helps build trust, not just in the process, but also in the other party, which can be a big deal, especially if they have to interact in the future.
Self-Determination In Mediation
Think about it: mediation is built on the idea that the people closest to the problem are often best placed to solve it. The mediator acts as a guide, asking questions and helping to clarify things, but the actual decisions are always up to the parties. They can agree to anything, or they can agree to disagree and walk away. This freedom to choose is the essence of self-determination in this context. It’s about respecting that everyone has the right to make choices about their own lives and their own conflicts.
Here’s a quick look at how self-determination plays out:
- Voluntary Participation: Parties choose to be there and can leave anytime.
- Party-Driven Solutions: The agreement comes from the parties, not the mediator.
- Informed Consent: Parties make decisions based on their understanding of the situation.
The mediator’s role is to facilitate, not dictate. This distinction is key to maintaining the integrity of the self-determination principle. By respecting the parties’ right to decide, mediation fosters more sustainable and satisfying resolutions.
The Foundational Pillars Of Mediation
Mediation isn’t just about talking; it’s built on some pretty solid principles that make the whole process work. Think of them as the bedrock that supports any successful negotiation. Without these, you’re just kind of shouting into the void, hoping for the best.
Voluntary Participation And Its Significance
First off, mediation is supposed to be voluntary. This isn’t a court order forcing you to be there; it’s a choice you make to try and sort things out. This voluntary aspect is a big deal because it means everyone involved actually wants to be there and is more likely to put in the effort to find a solution. If you’re forced into it, you might just shut down. But when you choose to participate, you’re already signaling that you’re open to resolving the issue. It’s like deciding to go to a party versus being dragged there – you’re going to have a different attitude.
- Parties choose to engage: This is the starting point. No one is compelled to stay if they truly don’t want to.
- Increased commitment: Because it’s voluntary, people tend to be more invested in the outcome.
- Autonomy: You keep control over whether to settle and what the settlement looks like.
The freedom to participate or withdraw at any point is a key feature that distinguishes mediation from more formal legal processes. It underscores the idea that the parties themselves are the ultimate decision-makers.
Maintaining Neutrality And Impartiality
Then there’s the mediator. This person is like the referee in a game – they don’t pick sides. Their job is to be neutral and impartial, meaning they don’t favor one person over the other. They aren’t there to judge who’s right or wrong, but to help both sides communicate better and find common ground. If a mediator seems biased, people will stop trusting them, and the whole process falls apart. It’s all about creating a safe space where everyone feels they can speak freely without fear of being attacked or having the mediator side with the other person.
- No vested interest: The mediator doesn’t win or lose based on the outcome.
- Fair process: Ensures that both parties have an equal chance to be heard and understood.
- Trust building: A neutral stance is fundamental to building the trust needed for open discussion.
The Importance Of Confidentiality
Finally, confidentiality is super important. What you say in mediation generally stays in mediation. This rule is what allows people to be really open and honest about their concerns, fears, and what they really want, without worrying that their words will be used against them later in court or in public. It’s like having a private conversation where you can explore all the possibilities, even the ones that seem a bit out there, because you know it’s not going on the record. This privacy encourages a more thorough and honest exploration of the issues at hand.
- Encourages open communication: Parties feel safer sharing sensitive information.
- Protects privacy: What’s discussed doesn’t become public record.
- Facilitates creative solutions: Allows for ‘what if’ scenarios without prejudice.
These three pillars – voluntariness, neutrality, and confidentiality – work together to create an environment where constructive dialogue and effective problem-solving can actually happen.
Navigating The Mediation Process
So, you’re thinking about mediation? It’s not just about showing up and talking. There’s a definite flow to it, a way things usually go down to help you and the other person actually sort things out. It’s kind of like a roadmap for resolving your disagreement.
Stages of Mediation from Preparation to Agreement
Mediation isn’t a free-for-all. It typically moves through a few key phases. Getting ready beforehand is a big deal, and then there’s the actual session itself, which has its own rhythm.
- Preparation: This is where you and the other party decide to try mediation, pick a mediator, and maybe even agree on some basic rules for how you’ll talk. It’s also about gathering any papers or information that might be helpful.
- Opening Statements: The mediator usually starts by explaining how the process works and what their role is. Then, each person gets a chance to talk about their side of the story and what they hope to get out of the mediation.
- Joint Sessions: This is the main part where both parties talk together, with the mediator guiding the conversation. You’ll discuss the issues, what’s important to each of you, and start tossing around ideas for solutions.
- Private Caucuses: Sometimes, the mediator will meet with each person separately. This is a chance to talk more freely about your concerns, your bottom line, or things you might not want to say directly to the other person. The mediator uses this time to understand everyone’s perspective better and see if there are any hidden interests.
- Negotiation and Agreement Drafting: Once everyone’s interests are clearer, you’ll work towards finding common ground. The mediator helps you brainstorm options and evaluate them. If you reach an agreement, the mediator will help write it down clearly.
It’s important to remember that mediation is voluntary. You can leave the process at any time if you feel it’s not working for you. The mediator’s job is to help you communicate, not to force a decision.
The Role of Opening Statements
Think of opening statements as setting the stage. It’s your first real chance to be heard in a structured way. The mediator will likely start by explaining their role – they’re neutral, they’re not a judge, and they’re there to help you talk. Then, each person gets to speak. This isn’t the time for arguing or blaming. It’s more about explaining what the problem is from your point of view and what you’d like to see happen. It helps the mediator and the other person understand your main concerns right from the start.
Joint Sessions Versus Private Caucuses
Mediation often involves two main ways of talking: joint sessions and private caucuses. Joint sessions are when everyone is in the room together, talking things through with the mediator guiding the discussion. This is where you’ll likely do most of your direct negotiation. Private caucuses, on the other hand, are when the mediator meets with each party alone. This is super useful because it gives you a safe space to share things you might not be comfortable saying in front of the other person. It allows the mediator to explore your interests more deeply and test out potential solutions without the pressure of immediate reaction. The mediator acts as a go-between, carrying messages and ideas back and forth, helping to bridge gaps and keep the conversation moving forward constructively.
Key Skills For Effective Mediation
Being a good mediator isn’t just about knowing the rules; it’s really about how you talk to people and help them sort things out. You’ve got to be able to really listen to what everyone is saying, not just the words but what they mean underneath. Sometimes people are upset, and you need to help them calm down and talk about what’s bothering them without making things worse. That’s where skills like active listening and reframing come in handy.
The Power Of Active Listening
Active listening means you’re fully present when someone is talking. You’re not just waiting for your turn to speak; you’re trying to understand their point of view, their feelings, and what they really need. This involves paying attention to their body language, nodding, and asking clarifying questions. It makes people feel heard, which is a big step in resolving any disagreement. It’s like when you’re telling a friend about a problem, and they just get it – that feeling is what a mediator aims to create.
Reframing Issues For Constructive Dialogue
Sometimes, people get stuck on how they see a problem. They might say something like, "He always ignores my calls!" A mediator might reframe that to something more neutral, like, "So, you’re concerned about the communication and want to ensure your calls are returned promptly." This doesn’t dismiss the person’s feelings but shifts the focus from blame to finding a solution. It helps open up the conversation so people can start talking about what they want to happen next, rather than just rehashing what went wrong.
Managing Emotions In High-Stakes Conversations
Disputes can get pretty emotional, and that’s okay. People are often invested in the outcome. A mediator’s job is to help manage those emotions so they don’t derail the process. This means staying calm yourself, acknowledging people’s feelings without taking sides, and gently guiding the conversation back to the issues at hand. It’s about creating a safe space where people can express themselves but also move forward.
Here’s a quick look at how these skills work together:
- Active Listening: Makes parties feel understood and respected.
- Reframing: Shifts focus from blame to solutions.
- Emotional Management: Keeps the process calm and productive.
When emotions run high, it’s easy to get stuck in the past. The mediator’s role is to help parties see a path forward, focusing on what can be done rather than what has been done. This requires patience and a steady hand.
Think of it like this:
| Skill | What it Does |
|---|---|
| Active Listening | Helps parties feel heard and validated. |
| Reframing | Turns negative statements into constructive options. |
| Emotional Management | Prevents conflict from escalating uncontrollably. |
Diverse Applications Of Mediation
Mediation isn’t just for big legal battles; it’s actually used in a bunch of different situations to help people sort things out. It’s pretty flexible, which is why it works in so many places.
Family Mediation For Personal Disputes
When families are going through tough times, like divorce or disagreements about kids, things can get really heated. Family mediation steps in to help parents talk through these issues. The main goal here is to figure out things like custody arrangements, parenting schedules, and financial support in a way that works for everyone, especially the children. It’s all about trying to keep communication lines open, even when things are difficult. Sometimes, this even involves special ways to include children’s voices, making sure their needs are considered.
- Divorce and separation settlements
- Child custody and visitation plans
- Division of assets and debts
- Parenting schedules
The focus in family mediation is often on preserving relationships and ensuring the well-being of children, which can be hard to achieve in a courtroom.
Workplace Mediation For Organizational Harmony
Workplaces can be breeding grounds for conflict, whether it’s between colleagues, a boss and an employee, or even within a whole team. Workplace mediation aims to sort these issues out before they blow up. It helps people talk about their problems in a safe space, with a neutral person guiding the conversation. The idea is to get back to a place where people can work together effectively. This can mean resolving personality clashes, sorting out misunderstandings about roles, or dealing with complaints.
- Conflicts between coworkers
- Disagreements between managers and staff
- Issues within teams
- Concerns about workload or responsibilities
Civil Mediation For Broader Disputes
This is a really wide category that covers a lot of ground. Civil mediation is used for disputes between people or organizations that aren’t criminal. Think about disagreements over contracts, property lines, or even issues between landlords and tenants. It’s a way to settle these kinds of problems without going through the whole court system, which can be slow and expensive. The solutions found in civil mediation can be pretty creative and tailored to the specific situation.
- Contract disagreements
- Property and boundary disputes
- Landlord-tenant issues
- Personal injury claims (in some cases)
- Small claims matters
Specialized And Emerging Mediation Areas
Mediation isn’t just for divorce or workplace squabbles anymore. The field has really branched out, and there are some pretty interesting specialized areas popping up, plus some new ways of doing things that are changing the game. It’s kind of wild how adaptable this whole process is.
Community Mediation for Neighborhood Issues
Think of this as mediation for your block. When neighbors can’t agree on things like property lines, noise complaints, or even shared driveways, community mediation steps in. It’s usually run by trained volunteers from the community itself, which can make it feel more accessible and less formal. The goal here is to keep things friendly and prevent small issues from blowing up into bigger, more expensive problems. It’s all about helping people in the same area find common ground so they can live together more peacefully.
- Focus: Resolving local disputes between neighbors or within community groups.
- Process: Often uses volunteer mediators with local knowledge.
- Outcome: Aims to restore or maintain positive neighborly relations.
Commercial Mediation for Business Conflicts
When businesses have disagreements, whether it’s a contract dispute, a partnership falling apart, or issues with suppliers, commercial mediation is often the go-to. It’s a bit more formal than community mediation, and the mediators usually have business or legal backgrounds. The big draw here is speed and cost-effectiveness. Going to court can drag on for years and cost a fortune, so businesses often prefer to sort things out privately and quickly through mediation. Plus, it can help preserve those important business relationships that might otherwise be destroyed by a lawsuit.
Commercial mediation allows parties to craft solutions that might not be possible in a traditional court setting, offering flexibility and creativity in resolving complex business disagreements.
Online Dispute Resolution and Its Implications
This is where things get really modern. Online Dispute Resolution, or ODR, uses technology to mediate disputes. This can range from simple email exchanges with a mediator to sophisticated online platforms where parties can negotiate, share documents, and even hold video conferences. It’s incredibly convenient, especially for people who are geographically far apart or have busy schedules. The implications are huge: it makes mediation accessible to more people than ever before. However, it also brings up new questions about privacy, security, and how to build trust when you’re not in the same room.
| Feature | Traditional Mediation | Online Dispute Resolution (ODR) |
|---|---|---|
| Location | Physical meeting room | Anywhere with internet access |
| Communication | Face-to-face | Video, chat, email, platform |
| Convenience | Limited by schedule | High, flexible |
| Cost | Varies | Often lower |
| Relationship Bldg | Direct interaction | Can be more challenging |
Addressing Challenges In Mediation
Mediation is a fantastic tool for resolving disagreements, but let’s be real, it’s not always smooth sailing. Sometimes, things get tricky, and mediators have to be ready for anything. It’s like trying to herd cats, but with more talking and less scratching (usually).
Navigating Power Imbalances
One of the biggest hurdles mediators face is when one person in the dispute has a lot more influence, money, or information than the other. This power imbalance can make it really hard for the less powerful person to speak up or get a fair shake. The mediator’s job here is to level the playing field, so to speak. They need to make sure everyone gets heard and that the stronger party isn’t steamrolling the weaker one.
- Recognize the imbalance: The first step is just seeing that it’s there. Is one person a CEO and the other an intern? Does one have a team of lawyers while the other is representing themselves?
- Create space for the less powerful: Mediators might spend more time in private sessions (caucuses) with the person who has less power, helping them find their voice and strategize.
- Educate parties: Sometimes, explaining how power dynamics can affect the process helps both sides understand the need for balance.
- Reality testing: Gently questioning the feasibility or fairness of proposals can help.
It’s not about making things perfectly equal, but about making sure the process itself doesn’t unfairly favor one side. The goal is a resolution that both parties can genuinely agree to, not one that’s forced by circumstance.
Cultural Sensitivity In Mediation Practices
People from different backgrounds communicate and see the world in different ways. What might be polite in one culture could be rude in another. A mediator needs to be aware of these differences. Misunderstandings can easily pop up if the mediator isn’t sensitive to cultural nuances in communication styles, directness, or even how people express emotions.
- Learn about different styles: Understanding that some cultures value directness while others prefer indirect communication is key.
- Avoid assumptions: Don’t assume everyone thinks or acts the same way you do.
- Ask clarifying questions: If something seems unclear, ask politely for more information rather than jumping to conclusions.
- Be patient: Cultural differences can sometimes slow things down, and that’s okay.
Handling High-Conflict Personalities
Then there are the folks who seem to thrive on conflict. They might be very dramatic, blame everyone else, or refuse to budge on their position. Dealing with these high-conflict personalities requires a special kind of patience and skill from the mediator. It’s about staying calm, not getting drawn into their drama, and keeping the focus on finding a solution.
- Stay neutral and calm: Don’t mirror their intensity. Your calm demeanor can be de-escalating.
- Focus on behavior, not personality: Address specific actions or statements rather than labeling the person.
- Set clear ground rules: Remind parties about respectful communication and stick to them.
- Use structured approaches: Break down complex issues into smaller, manageable parts.
These challenges aren’t reasons to avoid mediation, but rather aspects that skilled mediators are trained to manage. It’s all part of helping people find their way through tough conversations.
Legal Frameworks And Mediation
Mediation doesn’t just happen in a vacuum; it’s supported by a structure of laws and rules that help make it work. Understanding these frameworks is pretty important, especially if you’re involved in a dispute or thinking about using mediation to sort things out. It’s not always straightforward, and different places have different rules, but there are some common threads.
Understanding the Uniform Mediation Act
The Uniform Mediation Act (UMA) is a big deal in many parts of the United States. It’s basically a set of guidelines designed to make mediation more consistent across different states. The UMA focuses a lot on things like confidentiality and privilege, which are key to making people feel safe enough to talk openly during mediation. It aims to promote mediation by providing clear rules about what can and cannot be disclosed later. Think of it as a way to standardize how mediation is treated legally, making it more predictable for everyone involved.
Confidentiality and Its Exceptions
One of the biggest draws of mediation is confidentiality. What you say in mediation generally stays in mediation. This is super important because it encourages people to be honest and explore options without worrying that their words will be used against them in court later. However, this protection isn’t absolute. There are specific situations where confidentiality can be broken. These usually involve:
- Threats of serious harm to oneself or others.
- Information about child abuse or neglect.
- Situations where fraud is being committed.
- When a law specifically requires disclosure.
It’s a balancing act – protecting open communication while still addressing serious safety and legal concerns.
Enforceability of Mediated Agreements
So, you’ve gone through mediation, and everyone has agreed on a solution. What happens next? Can you actually make sure everyone sticks to the deal? Generally, yes. When parties reach an agreement in mediation, they often sign a settlement document. This document can become a legally binding contract. If one party doesn’t follow through, the other party can usually take legal action to enforce the agreement, much like they would with any other contract. Sometimes, agreements might even be turned into court orders, giving them extra teeth. The goal is to provide a reliable way to finalize the resolution reached through mediation.
Comparing Mediation With Other Processes
When you’re looking to sort out a disagreement, there are a few paths you can take. Mediation is one, but it’s not the only game in town. It’s helpful to know how it stacks up against other common ways people resolve conflicts, like arbitration, litigation, and even just plain old negotiation.
Mediation Versus Arbitration
Think of arbitration as a more formal, judge-like process. You present your case, and an arbitrator, who is usually an expert in the field, makes a decision. The key difference is that arbitration is typically binding, meaning you have to go with the arbitrator’s ruling, much like a court decision. Mediation, on the other hand, is all about the parties coming to their own agreement with a facilitator’s help. It’s less about winning and losing and more about finding a solution that works for everyone involved.
Here’s a quick look:
| Feature | Mediation | Arbitration |
|---|---|---|
| Decision Maker | Parties themselves (with facilitator help) | Arbitrator |
| Outcome | Mutually agreed-upon settlement | Arbitrator’s decision |
| Binding? | Non-binding (unless agreement is signed) | Typically binding |
| Process | Collaborative, interest-based | Adversarial, rights-based |
| Formality | Informal | More formal than mediation, less than court |
Mediation Versus Litigation
Litigation is what most people think of when they hear "legal dispute." It’s the process of going to court, where lawyers argue cases, evidence is presented, and a judge or jury makes a final decision. It can be lengthy, expensive, and often damages relationships beyond repair. Mediation aims to avoid all that. It’s a much more cooperative approach. Instead of an adversarial battle, mediation focuses on communication and finding common ground. While litigation is about determining who is right or wrong based on legal rules, mediation is about figuring out what the parties can live with.
Litigation often feels like a battle where one side must lose for the other to win. Mediation, however, seeks to create a win-win scenario where both parties feel their needs have been addressed, even if it means compromising on initial demands.
Mediation Versus Traditional Negotiation
So, how is mediation different from just talking things out directly with the other person? The main distinction is the presence of a neutral third party – the mediator. In traditional negotiation, it’s just you and the other party (and maybe your lawyers). This can be effective if communication is good and both sides are willing to compromise. However, when emotions run high, trust is low, or communication has broken down, a mediator can be incredibly helpful. They don’t take sides, but they guide the conversation, help clarify issues, manage emotions, and explore options that the parties might not have considered on their own. They act as a bridge to help parties cross from conflict to resolution.
- Facilitation: Mediators actively guide the discussion.
- Neutrality: Mediators remain impartial, unlike in direct negotiation where each party advocates for themselves.
- Structure: Mediation provides a structured process, which can be beneficial when direct talks become chaotic.
- Confidentiality: The process is confidential, encouraging more open discussion than might occur in a public or formal setting.
Preparing For Successful Mediation
Getting ready for mediation isn’t just about showing up. It’s about making sure you’re in the best possible position to get a good outcome. Think of it like getting ready for an important exam – you wouldn’t just walk in without studying, right? Mediation is similar. A little preparation goes a long way.
Emotional and Psychological Preparation
First off, how are you feeling about this whole situation? Mediation can bring up a lot of emotions, and that’s totally normal. It’s helpful to take some time to think about what’s bothering you the most and why. Try to get yourself into a mindset where you’re ready to talk things through, rather than just fight. Sometimes, just acknowledging your feelings and understanding where they come from can make a big difference. It’s about being ready to listen, even when it’s tough.
- Identify your core feelings about the dispute.
- Practice staying calm and focused.
- Consider what a positive outcome would feel like.
It’s easy to get caught up in the anger or frustration of a conflict. However, mediation requires a shift towards problem-solving. Taking a moment to breathe and center yourself before the session can help you engage more constructively.
Setting Realistic Goals For Resolution
What do you actually want to achieve from mediation? It’s important to have some ideas, but they need to be realistic. Think about what’s most important to you and what you’re willing to compromise on. It’s not about getting everything you want, but about finding a solution that works for everyone involved. Having a clear, yet flexible, set of goals will help guide your discussions.
Here’s a way to think about your goals:
| Priority | Goal Description | Flexibility Level |
|---|---|---|
| High | Resolve the financial disagreement regarding property division. | Moderate |
| Medium | Establish a clear communication plan for future interactions. | High |
| Low | Ensure an apology is offered for past disrespect. | Low |
Gathering Necessary Documentation
Do you have all the papers and information you might need? Having the right documents can really help clarify things during mediation. This could be anything from contracts and emails to financial records or previous agreements. Having them organized and ready means you won’t be scrambling to find them when they’re needed, and it helps everyone understand the facts of the situation better. Having your key documents readily available can significantly speed up the process and lend weight to your points.
- Contracts and agreements
- Relevant correspondence (emails, letters)
- Financial statements or records
- Any other evidence supporting your position
Wrapping Up: The Lasting Impact of Self-Determination
So, we’ve talked a lot about self-determination, what it means, and why it matters. It’s not just some fancy term; it’s really about people having the say in their own lives and choices. Whether it’s in big political decisions or just everyday disagreements, letting people decide for themselves usually leads to better outcomes. It helps build respect and makes folks feel more in control. We saw how it plays out in different areas, from how we handle conflicts to how communities function. Ultimately, recognizing and supporting self-determination helps create a fairer and more cooperative world for everyone. It’s a pretty powerful idea when you think about it.
Frequently Asked Questions
What exactly is self-determination in resolving disagreements?
Self-determination means that the people involved in a disagreement get to make their own choices about how to solve it. Nobody else can force a solution on them. It’s like saying, ‘We’ll figure this out ourselves, our way.’
Why is it important for people to have control over their own solutions?
When people have control, they feel more respected and are more likely to stick with the solution they create. It’s their problem, so they know best what will work for them. This makes them feel powerful, not powerless.
How does mediation help people make their own decisions?
A mediator is like a guide. They help people talk to each other better and understand each other’s needs. The mediator doesn’t decide anything, but they help the people involved find their own answers.
What does it mean for mediation to be ‘voluntary’?
It means you don’t have to go to mediation if you don’t want to. You can also choose to stop the mediation at any time. Nobody can make you stay or force you to agree to something.
What’s the mediator’s job in keeping things fair?
The mediator’s main job is to be neutral, meaning they don’t take sides. They make sure everyone gets a chance to speak and be heard, and that the conversation stays respectful, no matter what.
Why is keeping mediation talks secret so important?
When people know their conversations are private, they feel safer to speak honestly about their problems and what they really want. This openness helps them find better solutions than if they were worried about what they said getting out.
Can a mediation agreement be enforced like a court order?
Often, yes! Once people agree on something in mediation and write it down, they can usually make it official. Sometimes this means signing a contract, and other times it can even be turned into a court order if needed.
What happens if one person has more power or influence than the other?
Good mediators know this can happen. They work hard to make sure the person with less power still feels heard and respected. They use special techniques to help balance things so both people can participate fairly.