Question

What does mediation involve?

A. the conflict is settled by a jury of peers
B. a judge becomes involved to rule on the case
C. an independent third party determines the settlement
D. an independent third party forces the losing party to pay a fine
E. an objective third party helps two parties settle their differences

Answer 1

Mediation involves an objective third party facilitating negotiation and bargaining between two disputing parties to help them reach a mutually acceptable resolution without imposing any decisions.

Step-by-step explanation:

Mediation involves an objective third party who helps two parties settle their differences outside of court. Unlike a jury trial or a bench trial presided over by a judge, mediation allows both parties to engage in negotiation and bargaining to reach a mutually acceptable resolution. The mediator facilitates these discussions but does not have the authority to impose a decision or force a party to accept a settlement.

In this process, the mediator assists in identifying the issues, fostering joint problem-solving, and exploring settlement alternatives. Since the goal of mediation is to reach a consensus, it differs significantly from the adversarial nature of court trials where a judge or jury renders a binding decision and the losing party may be required to pay fines or damages.