The Importance Of Mediation

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Meditation is an informal and flexible dispute resolution process. Mediation has also been defined as a “process in which an impartial intervener assists two or more negotiating parties to identify matters of concern and then develop mutually acceptable proposals to deal with the concerns”. The mediator, a neutral non-party, whose main role is to help negotiate the disputing parties toward their own resolution in a way that is acceptable to both sides. Through joint sessions and separate councils with parties, the mediator helps both sides characterize the issues obviously, see one another's position and draw nearer to settlement. According to the Financial Industry Regulatory Authority, in order to help both parties move closer to resolution,…show more content…
There is a long history of mediation in Cambodian society and culture. The Business Environment scorecard has included in its report that mediation was the most preferred method of dispute resolution after negotiation. It is extremely important in Cambodia to use this resolution process to solve many conflicts for bringing fairness to the country. According to UNCTAD, Cambodian culture and its legal system have traditionally favored mediation over adversarial conflict and adjudication. For instance, family dispute were generally interceded by other relatives or regarded neighborhood pioneers. Due to the importance of mediation to this country, the national legal framework has also included many mediation options to a dispute to make it easy seeking for a variety of sources. Ultimately, of course, mediation can help both the citizen and the country to eliminate unequal power and instead to bring in justice and…show more content…
If the case is not properly and fully addressed by one party without receiving the relevant information from another party, such information will never be disclosed and the dispute will never come to an end. The case will even be bigger if one or both of the parties are withholding information. Another problem likely to happen with mediation relate to the unsuccessfulness of the process. If the mediator cannot negotiate the parties to reach an agreement, the parties may have wasted their money, effort and time on the process and somehow still face the expensive expenses and time-consuming processes of filing the case to the court. One report has shown that “some experts in abusive relationships do not believe that mediation is appropriate in cases where there has been domestic violence. They believe that mediation might just provide another way for the abuser to harm the victim. Depending on the nature of the victim’s injuries, she may not be able to assert her position in mediations informal

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