The Alternative Justice Systems (AJS)

is both a philosophical concept as well as a practice for accessing justice. As a philosophical

concept, and consistent with the human rights school of thought, it is based on the following
fundamental ideas: freedom, equality, non-discrimination, dignity, and equity.

Mediator definition
A mediator is a trained professional who acts as a neutral facilitator during the mediation process.
Mediation is a procedure where parties discuss disputes and the mediator—the impartial third party—
helps them reach an agreeable settlement. Some common situations in which mediators play a role
include:

Commercial transactions

Workers compensation

Divorce

Domestic relations

Labor or community relations

Other matters that do not require complex procedural issues

Mediator roles

The role of the mediator is to attempt to bridge the interests of two opposing parties by defining their
issues and eliminating obstacles to communication. They are responsible for guiding the conversation
and the process to minimize or completely eliminate confrontation and ill will. They will seek
concessions from each party to identify the middle ground. Their roles include:

Convener

Educator

Facilitator of communication

Translator

Clarifier

Process advisor

Angel of realities
Catalyst

Detail person

Convener

They help the two parties to arrange for the meeting to happen.

Educator

The mediator is responsible for educating the involved parties about the process, other alternatives for
resolving the conflict, issues that are usually addressed during the mediation process, court standards,
research and principles that may be considered.

Facilitator of communication

As a neutral third party, the mediator is present to ensure each party is fully heard during mediation.

Translator

In some cases, the mediator may help to increase understanding by reframing or rephrasing
communication so it is better received.

Clarifier

The mediator is responsible for confirming that everyone sitting at the mediation table fully understands
one another.

Process advisor

They act as an advisor, suggesting procedures for moving forward with mediation discussions. This can
include consulting with legal counsel or outside experts.

Angel of realities

The mediator may exercise the right to question the practicality of solutions and whether they are
consistent with the goals and interests that the parties expressed when beginning the mediation
process.

Catalyst

In order to help the parties reach a more rapid agreement, the mediator can suggest different resolution
options, stimulate new perspectives or offer reference points to consider.

Detail person

The mediator keeps track of necessary information and writes up the final agreement after the parties
reach a resolution.
Mediation steps
There are six steps in a formal meditation process:

1. Introductory remarks

When all parties are present, the mediator will make introductions. If children are present, mediators
will typically suggest that they wait outside. When everyone is ready and comfortable, the mediator will
give an opening statement and outline the role of the involved parties and their role as a neutral party.
The mediator will use this time to explain the protocol for mediation to the parties and set the time
frame. These opening remarks are designed to help the mediation process run more smoothly. Some
mediators may confirm the case data if briefs have been submitted in advance and may comment on
what they believe to be the issue.

2. Statement of the problem

After opening remarks, the mediator will give each party a chance to fully share their side of the story
without interruption. This allows each party to share the issue from their own perspective and allow the
mediator to gauge the emotional state of each party. If the parties have their lawyers present, they may
give the initial statement. However, the mediator will also ask the client to make a statement for
themselves.

3. Gathering of information

During this stage, the mediator asks open-ended questions and repeats back key ideas and frequently
summarizes statements. This style of information gathering ensures clarity and also helps build rapport
with the parties.

4. Identification of the problems

This can occur throughout the prior two stages as well. Ultimately, the mediator's goal is to identify
what the issue is and if there multiple, which issues can be settled first or at all.

5. Bargaining and idea generation

In this stage, the mediator may propose a brainstorming session to identify a number of possible
solutions. The mediator may also suggest a private caucus. This is a chance for each party to meet
privately with the mediator to discuss the strengths and weaknesses of each position. Each party is
placed in a separate room and the mediator goes between the two rooms to discuss the problem and
exchange offers. The mediator continues this process as needed during the time allowed.

6. Resolution

When the parties come to an agreement, the mediator will typically put the provisions in writing and ask
each party to sign that they agree. If the parties cannot reach an agreement during the allotted amount
of time, the mediator will help them determine whether negotiations should continue over the phone or
whether it would be beneficial to meet again at a later date.

Mediation

is another of the methods of alternative dispute resolution (ADR) available to parties. Mediation is
essentially a negotiation facilitated by a neutral third party. Unlike arbitration, which is a process of ADR
somewhat similar to trial, mediation doesn't involve decision making by the neutral third party. ADR
procedures can be initiated by the parties or may be compelled by legislation, the courts, or contractual
terms.