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Important Terms for Mediation
1.
2. Dementian Guschov, a graduate of both
the Harvard University Graduate School of
Design and the Wentworth Institute of
Technology, currently serves as president
and chief executive officer of Andover
Management, Corp., in Andover,
Massachusetts. Dementian Guschov has
more than three decades of professional
experience in areas of mediation and
arbitration, particularly in connection to the
construction and architectural industries.
3. There are a number of key terms and
phrases mediation professionals use in order
to distinguish aspects of mediation service
from related processes such as arbitration
and litigation.
"Voluntary" is perhaps the definitive term, as
arbitration and litigation are both legally
binding processes. Any party involved in
mediation, meanwhile, can withdraw from
proceedings at any time.
4. "Collaborative" is another essential word to use when
discussing mediation. While litigation and arbitration
tend to pit parties against one another, mediation
focuses on shared desires to achieve a mutually
beneficial outcome. Engaged parties work together,
rather than against one another, in order to succeed.
When it comes to the actual mediator, "neutrality"
and "impartiality" are terms that should be
emphasized. The mediator is expected to facilitate
conversation and guide discussions. At no time
should the mediator favor the interests of one party
or make a personal stake in the outcome of the
mediation process.