Methods of alternative dispute resolution - from conflict to connection

Csilla Mizser ()
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Csilla Mizser: Óbuda University
Authors registered in the RePEc Author Service: Csilla Mizser Kohlhoffer ()

A chapter in Proceedings of FIKUSZ '17, 2017, pp 175-187 from Óbuda University, Keleti Faculty of Business and Management

Abstract: In the relationships between persons, the conflict appears by nature. Mediation is one kind of procedures to solve a conflict. Mediation is based on the voluntary participation of the parties. Mediation is a voluntary process in which an impartial person (the mediator) helps with communication and promotes reconciliation between the parties which will allow them to reach a mutually acceptable agreement. Mediation is a procedure facilitated by a neutral thirdparty who assists the parties in moving to resolution. The neutral third party has no control over the outcome of the case and conflict, but controls and directs the process itself, he or she is responsible for the procedure. While court proceedings are authoritative, formalised and claim-oriented, mediation offers a flexible, selfdetermined approach in which all aspects of the conflict -independent of their legal relevance- may be considered. Against this background, mediation -in contrast to court proceedings- is described as alternative dispute resolution (ADR). The question is: to solve the conflict and find a solution or to transform a conflict and reshape the connection between the parties? What is the matter when the mediation process has to be conducted between parties, who live in different countries or when one person of the parents just want to go abroad with the common child or children. How can cross-border mediation help? This publication tries to show a possible answer and researches the methods of mediation, which can be evaluative, restorative or transformative. This study examines, which fields of ADR use more often, either one or the other method.

Keywords: evaluative mediation, restorative and transformative mediation; cross-border mediation; intermediary; neutrality; confidentiality (search for similar items in EconPapers)
Date: 2017
ISBN: 978-963-449-064-7
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