What is the Difference Between Negotiation and Mediation?
🆚 Go to Comparative Table 🆚The main difference between negotiation and mediation lies in the presence of a third party. In negotiation, the parties involved in the dispute or conflict discuss and reach an agreement directly without any intervention from a third party. In mediation, an unbiased third party, known as a mediator, facilitates communication and helps the parties reach a mutually acceptable resolution.
Here are some key differences between negotiation and mediation:
- Definition: Negotiation is a process where two or more parties communicate to reach a mutually acceptable agreement, while mediation involves a neutral third party (the mediator) facilitating communication and helping the parties reach a mutually acceptable resolution.
- Purpose: Negotiation aims to reach a mutually beneficial agreement, while mediation seeks to resolve a dispute or conflict.
- Participants: In negotiation, only the parties directly involved in the dispute or conflict participate. In mediation, the parties involved in the dispute or conflict and a neutral third party (mediator) participate.
- Communication style: In negotiation, there is direct communication between the parties, while in mediation, communication is facilitated by the mediator.
- Decision-making authority: In both negotiation and mediation, the parties make the final decision.
- Flexibility: Negotiation is generally more flexible than mediation.
- Confidentiality: Negotiation may not be legally binding, and information shared may be used in court. In contrast, mediation is generally confidential.
Both negotiation and mediation are consensual, voluntary, informal, and systematic processes that aim to resolve conflicts and disputes without the need for adversarial methods, such as litigation.
Comparative Table: Negotiation vs Mediation
Here is a table comparing the differences between negotiation and mediation:
| Feature | Negotiation | Mediation |
|---|---|---|
| Meaning | A method of dispute resolution where parties settle their conflict and reach an agreement through discussion. | A method of dispute resolution where an independent third party assists the parties in settling their conflict. |
| Intervention of third party | No. | Yes, a mediator is involved. |
| Meeting | Representatives of the parties to conflict meet to discuss their interests and rights. | A mediator meets both parties jointly and separately to talk about the issue. |
| Representation of interest | By the parties themselves or by their representatives. | By the mediator, who facilitates the discussion and suggests alternative solutions. |
| Settlement | Parties themselves reach an agreement. | The mediator proposes a solution, and the parties decide whether to accept it or not. |
In summary, negotiation involves the parties directly discussing and resolving their conflict, while mediation involves a third party, the mediator, facilitating the discussion and suggesting alternative solutions to help the parties reach an agreement.
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