“ I had learnt the true practice of law. I had learnt to find the better side of human nature and to enter men’s hearts. I realized the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me, that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby – not even money, certainly not my soul”
-Mahatma Gandhi, 1927
On Common Ground
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The underlying presupposition with regard to Mediation is the presence of contention. Conflict has been a constant presence since time immemorial and it will remain so, till the end of time. Mediation is a process that has been followed since time immemorial to resolve disputes. Emperors, rulers, countries, and cultures have resorted to mediation from time to time. Mediation is a special, highly confidential and dignified process in which the parties work towards a mutually satisfactory solution with the help of a mediator. The resolution that is sought is not the absence of strife, but the ability to deal with it while still maintaining the integrity of human relationships.
Peace or resolution, if understood as such, is very important to mankind. For example, to wish shalom on another is in essence to say, “I wish for you not only the absence of all that may harm, but also the presence of everything that makes for a person’s good.
“Blessed are the peacemakers….”. highlights the importance of “peace” and of Mediators as peacemakers in contrast to being mere peace lovers.
Mediation is a dispute resolution process in which an impartial third party – the Mediator – facilitates negotiations among the parties to help them reach a mutually acceptable settlement. Mediation is the most potent alternative to litigation as it is time saving, private, cost effective and it is empowering to the parties.