Theory of Voluntary Mediation

Voluntary Mediation
In Situation of conflicts when two or more partiescome together voluntarily to resolve the disputeand achieve their goals by taking help of a thirdeligible party (known as mediator) then thisprocess is known as voluntary mediation. voluntary participation of businesses for a sharedinterest by co-operation of parties to producegood business for public welfare Henk van leuijk

Mediation means a process in which an impartial third party, aMediator, facilitates the resolution of a dispute by assisting disputingparties to reach a voluntary, mutually acceptable resolution of theirdispute. Mediator means an impartial person whose role in mediation is: To facilitate communication, promote understanding, and assist theparties to negotiate in good faith with each other. To focus the parties on their interests and assist them in developingoptions to make informed decisions. To assess risks, consider possible settlement options, and resolvetheir dispute voluntarily. To facilitate resolution without making decisions for or imposing asettlement on the parties.

Principles of Mediation Mediators have to follow a set of principles: S elf-determination :A mediator shall recognize that mediation is based onthe principle of selfdetermination by the parties. Self-determinationrequires that the mediation process rely upon the ability of the parties toreach a voluntary, acceptable agreement. Any party may withdraw frommediation at any time. Impartiality :A mediator shall conduct the mediation in an impartial manner. A mediator shall mediate only those matters in which he or she remainsimpartial and evenhanded. If at any time the mediator is unable to conduct the process in an impartial manner, the mediator is obligated to withdraw. Conflicts of interest A Mediator must disclose all actual and potential conflicts of interest knownto the Mediator After disclosure, the Mediator must decline or withdraw asMediator unless all parties mutually agree to retain the Mediator A Mediatormust not allow pressure or influence from third parties to compromise theimpartiality of the Mediator A Mediator must not act for any of the partiessubsequently in any matter arising out of mediation without the writtenconsent of all parties.

Competence: A mediator shall mediate only when the mediator has thenecessary qualifications to satisfy the reasonable expectations of the parties.Mediators should have information available to the parties regarding theirrelevant training, education, and experience. Confidentiality: A mediator shall maintain the reasonable expectations of theparties with regard to confidentiality. The parties' expectations of confidentialitydepend on the circumstances of the mediation and any agreements they maymake. The mediator shall not disclose any matter that a party expects to beconfidential unless given permission by all parties or unless required by law orother public policy. A Mediator must maintain the confidentiality of mediation communications. AMediator will only disclose the same if required by law or with consent of all theparties . Quality of the process:A mediator shall conduct the mediation fairly, diligently,and in a manner consistent with the principle of self-determination by theparties. There should be adequate opportunity for each party in mediation toparticipate in the discussions. The parties decide when and under what conditions they will reach an agreement or terminate a mediation

Advertising and solicitation:A mediator shall be truthful inadvertising andsolicitation for mediation. Advertising or any other communicationwith the public concerning services offered or regarding theeducation, training, and expertise of a mediator shall be truthful.Mediators shall refrain from promises and guarantees of results. Fees: A Mediator must fully disclose in writing, and explain the basis of the fees and costs to be charged by the Mediator. The Mediatormust not make any unilateral arrangements with any of the partiesfor additional fees..

Participatory Ethics
Participatory ethics provides idea about how to mediatebetween business goals & moral demands and how toserve the society in more ethical way and gain corporate excellence. In participatory ethics the process is started with the help of a mediator (volunteer) with the voluntary cooperation of both the parties on their common interest and different business issues lile ; Corporation s self interest. Public welfare. Competitive issues. Employee welfare

Participatory Ethics (contd..) In the process of voluntary mediation the following conditions are necessary: a)Participation of all the parties. b)This Participation should follow the approach of free will to choose i.e. it should be voluntary. Participatory ethics is a good approach to maintain & mediate between business interest of the corporations & moral demands of individuals as well as of the society.