Mediation of People’s Disputes by Buddhist Peaceful Means
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Abstract
Dispute mediation refers to a process in which a neutral third party, the mediator, facilitates the resolution of conflicts that are already under judicial consideration—from the point at which the court accepts the case until a judgment is rendered. The core objective of mediation is to enable both parties to reach a mutually acceptable agreement through voluntary cooperation. Importantly, the mediator does not possess the authority to impose a resolution; rather, any settlement must result from the free will of the disputing parties. Either party retains the right to withdraw from the mediation process at any time. The mediation process typically consists of five key stages: (1) Preparation for Mediation, in which the mediator reviews the case documents and conducts a preliminary conflict analysis. This includes designing the mediation framework and organizing the physical setting to facilitate constructive dialogue; (2) Opening the Mediation Session, in which the mediator initiates the session, outlines the procedures, and transitions into guided negotiation; (3) Information Sharing and Option Generation, in which the parties are encouraged to openly discuss the issues at hand, identify the key concerns, and collaboratively explore potential solutions. Separate caucuses may be held if necessary; (4) Problem-Solving and Solution Development, in which each issue is evaluated in detail, and viable solutions are discussed. The mediator may propose alternatives to aid in the decision-making process; and (5) Closure of the Mediation, in which if no agreement is reached, the session is formally closed without a settlement. If consensus is achieved, the terms are documented, reviewed, and signed by the parties to formalize the agreement. Ultimately, the most effective outcomes are those in which both parties voluntarily arrive at a compromise. When mutual respect and adherence to social norms guide the mediation process, it can lead to lasting peace and conflict resolution.
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