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What is Mediation?

Mediation is a process where a neutral third party, called a mediator, helps people in a dispute resolve their differences. The mediator’s role is to guide the conversation and help the parties find a solution they can all agree on. 

Mediation can be a good way to resolve a dispute without going to court. It can be faster than litigation and allows the parties to avoid the stress of court. 

Mediation can be used to resolve a variety of conflicts, including: workplace issues, contract disputes, employee conflicts, conflicts between family, friends, and neighbors, and divorce proceedings.

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Christian mediation is a process similar to the definition of mediation given above, but that helps people resolve conflicts in a way that’s faithful to the Bible. It’s based on the idea that Christians should try to resolve their differences through mediation or arbitration that’s grounded in the Bible.  A Christian mediator may pray, read scripture, teach and counsel based on biblical principles.

Mediation applying principles of Christian Conciliation is a process to assist two or more individuals resolve a disagreement or dispute between them.  It addresses issues that are material in nature, and/or relational in nature.  It can be used to address conflicts when legal or formal steps are not even considered, or as an alternative to resolving disputes through the courts and/or secular alternative dispute resolution services.

It provides a process for reconciling people and resolving the material or substantive disputes in a Biblically faithful manner. The process is conciliatory rather than adversarial in nature–that is, it encourages honest communication and reasonable cooperation rather than unnecessary contention and advocacy.  The parties retain control and input into the outcome or settlement of their dispute. The mediator facilitates discussion and assists parties in following a process but does not negotiate or advocate for a particular settlement.

Sometimes people think that Christian mediation is only for church disputes or disputes about spiritual issues. But Christian mediation can be used to resolve any form of dispute. Like the more commonly-used mediation mentioned above, it can be used during a lawsuit—or even before. Christian mediation is different because it focuses on Scriptural principles and on spiritual healing. It doesn’t just try to resolve the legal or financial issues, but also addresses the spiritual and emotional issues. When the Christian mediation process works well, the healing of relationships can be greater than is likely in a secular setting.

Most serious Christians understand that the Bible gives authority to the church (in various possible forms) to resolve disputes between Christians. Like other world religions, Christianity discourages its adherents from taking their disputes to secular courts.  

For example, Jewish Law (Halacha) generally prohibits a Jew from initiating legal action against a fellow Jew in a secular court. (Shulchan Aruch, Choshen Mishpat 26).

Jesus encouraged his followers to settle debts quickly, before the matter was brought to a judge. (Matthew 5:22).

The Apostle Paul wrote the Corinthian church that they ought to be ashamed of taking their disputes before unbelievers. “Can it be that there is no one among you wise enough to judge between one believer and another? To have lawsuits at all with one another is already defeat for you — why not rather be wronged? Why not rather be defrauded?” (1 Corinthians 6:1-7).  Paul implies that this is a jurisdictional issue: the church has primary jurisdiction over disputes between its members (who are supposed to be loving one another instead of suing).

Christian mediation seeks Christ’s presence, authority, and work in the hearts of the parties and in the mediation procedure. A Christian mediator may pray, read scripture, teach and counsel based on biblical principles. The mediator will encourage the parties to apply those principles to the situation, including truthful and loving speech, repentance, forgiveness, and reconciliation for relationship issues. With relationship issues addressed, the parties are more ready to problem solve, negotiate, brain storm, and love each other while seeking resolution of substantive issues.

Mediation is well suited for many areas of conflict and overs many advantages over litigation.

  • ​Informal. The process is informal and flexible; attorneys are not necessary. There are no formal rules of evidence and no witnesses.
  • Confidential. Mediation is a confidential process. The mediators will not disclose any information revealed during the mediation. The sessions are not tape-recorded or transcribed. At the conclusion of the mediation, mediators destroy any notes they took during the mediation session.
  • ​​Quick and Inexpensive. When parties want to get on with their business and their lives, mediation is an option to consider. Mediation generally takes less time to complete, allowing for an earlier solution than is possible through investigation.

Moreover, mediation generally produces or promotes:

  • Greater Degree of Party Control. Parties who negotiate their own settlements have more control over the outcome of their dispute. Parties have an equal say in the process. There is no determination of fault, but rather, the parties reach a mutually agreeable resolution to their conflict.
  • Preservation of Relationships. Many disputes occur in the context of ongoing work relationships. Mediated settlements that address all parties’ interests often preserve working relationships in ways that would not be possible in a win/lose decision-making procedure. Mediation can also make the termination of a work relationship more amicable.
  • Mutually Satisfactory Results. Parties are generally more satisfied with solutions that they have had a hand in creating, as opposed to solutions that are imposed by a third-party decisionmaker.
  • Comprehensive and Customized Agreements. Mediated agreements often help resolve procedural and interpersonal issues that are not necessarily susceptible to legal determination. The parties can tailor their settlement to their particular situation and attend to the fine details of implementation.
  • A Foundation for Future Problem-Solving. After a mediation resolution, if a subsequent dispute occurs, parties are more likely to utilize a cooperative forum of problem-solving to resolve their differences than to pursue an adversarial approach.​
  • When considering whether to choose mediation over other dispute resolution methods, weighing the advantages against the disadvantages is crucial. Mediation often offers a more amicable, cost-effective, and faster resolution than going to court, making it ideal for parties interested in preserving relationships and confidentiality.
  • However, its success heavily relies on the willingness of both parties to negotiate openly and in good faith. For disputes involving complex legal issues or where enforceable outcomes are necessary, the informal nature of mediation might fall short. Evaluating these factors can help determine if mediation is the most suitable approach for your specific conflict resolution needs.
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