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So what seemed like the perfect partner isn’t so perfect after all. It happens, but what do you do?
You made a business deal and the other party reneged and didn’t do their part. So how do you handle that?
Maybe you have an employee that you value, but with whom you have major differences. How do you respond?
We provide process centered mediation as a way to get you “unstuck”.
Mediation is a process that involves a trained third party who works with both sides of the dispute in an informal discussion, to help resolve the dispute. The mediation process is also non-binding; neither party is required to accept the mediator's proposed agreement.
This method relies on the mediator's expertise in the process of disputation and skill at achieving resolution of disputes.
The mediator does not claim expertise in the subject matter of the dispute, or the ability to predict the litigated outcome of the dispute.
Rather, the mediator claims knowledge of how disputes work and the ability to move them toward resolution.
The mediator can help the parties focus on their real interests, expand their options, and resolve their dispute on terms not previously considered.
The mediator can help them discover non-adversarial procedures for achieving their ends, help them agree upon a specific alternative to litigation, or help them move more expeditiously to inevitable litigation. The mediator relies upon a combination of perceived stature, neutrality, and specific techniques for resolving disputes.
The knowledge and skills employed by this process have usually been gained through resolving labor-management, community, inter-corporate, insurance, or environmental disputes. It also works with disputes involving workplace rights and obligations, continuation or dissolution of business relationships, and individual or group relationships. Disputes that involve neighbors, voluntary associations, and even the relationship between governmental agencies and individuals can often be resolved through this type mediation.
The process of compromising is often more important than the specific compromise reached. At all times we remain neutral as this is the critical element in resolving a dispute. We do this through a combination of active listening, identifying interests, and re-framing issues.
Although mediation is informal, the process is fairly well defined.
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Welcome: Includes introductions, roles of those present and the “rules of the road”.
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Statements from each party. The parties do not question each other.
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Separate for the purpose of discussion. The mediator talks with each party, proposes scenarios, trying to get commitment to a settlement by both parties.
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The mediator works to find points of agreement between the parties, in an effort to reach an agreement. At some point, the mediator may pose a final agreement for the parties and urge them to accept.
There are three possible outcomes to a mediation session: resolution, further mediation, or termination.
Benefits of Mediation:
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Can solve many disputes in a short time; usually only one or two days long and is much expensive than litigation.
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Allows the parties to deal directly with each other, rather than relying on attorneys.
Drawbacks of Mediation:
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If one or more parties are not ready to agree, the mediation process is frustrating and waste of time.
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Sometimes, attorneys must still be involved, which increases the cost of the mediation.