Mediation - Alternative Dispute Resolution

In 2002 the summer seminar was held between the 30st of July and 4th of August with the topic Mediation - Alternative Dispute Resolution.

The focus of the academic programme was as follows:

An attorney has many techniques for dispute resolution at his/her disposal. These might be, e.g., settlement of conflicts in courts, in specialized courts, through arbitration, or through councils and tribunals. Common to all of these solutions of general jurisdiction is the fact that they are subject to formalized rules and processes under the law. They may be categorized as compulsory dispute resolution and very much under influence of prior cases in the particular area. The focus is on the past, because the process relates to events that have already taken place and need resolution. In addition, every decision made by such means of dispute resolution is public.

Since there must be a solution one way or the other, one of the parties will always lose.

By contrast, mediation is a voluntary method of dispute resolution. On the initiative of the parties, one or several mediators enter into the case and help the parties to find a solution that is suitable for them both. The process is characterised by negotiation in which anything is possible and presumably allowed. The parties to the case express their opinions and take part in the negotiations in an active, personal and direct way. Hence mediation points forward. The aim is to create a situation in which both parties have a sence of being a winner and they may continue future co-operation without grudges. First and foremost, mediation is a private process in which disputes are not put on public display.

A mediator assumes different roles during this process, which can be more or less active. Above all, a mediator is a neutral tool, contributing broad concepts, drawing attention to the opinions and considerations of both parties and ensuring that the parties listen to each other.

Mediation is being used more frequently on a national as well as an international level as an alternative to settlements in courtrooms within all areas of law:

-          disputes between spouses concerning division of property

-          work conflicts

-          conflicts between tradepartners, e.g., understanding of agreements, settlements of breaches of contracts

-          marital disputes

-          consequences of penal cases

-          neighbour disputes

-          settlements in minor cases

The purpose of the seminar is to provide participants with an understanding of conflicts and mediation as a dispute resolution technique.

ELSA Copenhagen wishes to

-       offer a theoretical understanding of the elements in a mediation process

-       identify general qualifications for a mediator

-       look at advantages and disadvantages between a mediation process and a settlement of conflict in courts

 

We owe a great thank to the sponsors of the seminar, whom without their financial support we could not have carried out the seminar: