WHAT IS MEDIATION ?


The idea of mediation [third party intervention] is as old as most of the Africa societies
and predates colonization of African states.

Colonization/State intervention and the introduction to the western styled model of dispute resolution process/system led to the decline in development of third party intervention in African societies although the process is still very popular in most African communities.

Mediation exist in various forms and there is no universally accepted definition. There are various definition but a working definition will suffice.

Mediation is a process whereby a neutral third party to a dispute intervenes in disputes involving at least two other parties with the intention of resolving it.
For instance where an elder in a village who is not a party to the dispute for the parties.
Third party intervention disputes in developing countries have been in existence for centuries but state intervention in the affairs of communities has affected the development of traditional mediation as a dispute resolution process.

Although there is no universal accepted definition of mediation, there are certain accepted features that distinguish mediation from other dispute resolution processes. Some of the features are common to the various forms of mediation.

FEATURES OF MEDIATION

There must be a subsisting disputes between at least two parties which can be the subject of mediation. It should be noted that thee are some issues that cannot be mediated.
For instance issues relating to interpretation of the provisions of the law or a section of the law cannot be mediated. Some issues require authoritative determination of issues by a court or a tribunal.

[2] There must be a natural third party who acts as an intervener. The mediator of the third party must have no interest in the matter which is the subject of dispute.

[3] The process involves communication between the parties through the third party.

[4] The outcome of a mediation process is an agreement which is not binding.

[5] Mediation process is a voluntary process an disputing parties must consento accept any agreement reached.

[6] the process is informal, flexible and relatively inexpensive when compared to the other dispute resolution processes.

Mediation process should be distinguished from settling a case out of court, this is also out of court, just that the case was not withdrawn out of court.
One of the core element and distinguishing characteristics of mediation is the third party intervention.

The emergence of third party in any dispute may signal the beginning of a mediation process albeit informally. It is important to identify the intervener and be aware of the role they are expected to play during the resolution process.

Some mediation processes are formal whilst other are informal. An informal mediator can commence at any time but usually when a intervener has been identified.
A formal mediator involves following laid down procedure and guidelines.
For instance parties must consent to the mediation and must adhere to the procedure and guidelines for nomination and appointment of mediators.

SCOPE OF MEDIATION
mediation is a flexible process which can be utilized to deal with various types of matters. The flexibility an adaptability are its strongest elements which makes it a unique process.

S A SOWEMIMO 2009 FOR MORE CLICK http://arbitersowemimo..com.ng/2016/02/landlord-and-tenant-dispute-resolution.html