Mediation

Mission: We, as mediators, assist people in disputes create effective solutions.

What is mediation?

Mediation is a voluntary process by which disputes are resolved efficiently (in terms of time and money) through agreements crafted by the parties.

The mediator's role: Mediators are neutral third parties who assist disputants in resolving their differences by creating an environment and a process through which disputes can be addressed and resolved to the disputants' satisfaction. They do not decide "cases" nor offer solutions.

Why Mediation?

Mediation is appropriate in almost any conflict situation. Mediation is successful because all parties make a good faith effort at resolving their dispute.

Mediation proceeds from several assumptions:

That the parties to disputes, given access to all relevant information, are the best able to reach agreements that work for them.
That turning over to others responsibility for "negotiating the best deal possible" inevitably leads to substantial loss of control over the outcome and often ends relationships.
That a good faith effort to mediate a resolution, whether successful or not, is beneficial in clarifying for each party their and the other party's underlying interests in the dispute.

The question in most conflict situations ought to be "Why not mediate?" We often hear people say "I wish I had known about mediation when I had 'XYZ" dispute."

Mediation, because of its efficiencies and confidential nature, should be considered as the primary process for dispute resolution.

Mediation Pluses

It is private
It provides an environment for respectful airing and resolution of disagreements
It is a healthy, pro-active approach to conflict and disputes
It is non-adversarial
It allows for the honest airing of differences
You control the outcomes
You can tailor solutions that work for you
You can settle disagreements according to your needs rather than what a court may dictate
It is often less time consuming than litigation
It can save money
It allows for the repair and maintenance of business relationships

What issues lend themselves to mediation?

Resolution of internal disputes and miscommunication (for instance, departmental and functional issues)
Workplace disputes (employee/employee, employee/manager, harrassment)
Commercial disputes
Business to business disputes

What about my attorney? My accountant?

You will work with your other professional service providers (attorneys, accountants, etc.) as needed so that you always have the best and most appropriate counsel for sorting through the complexities of your dispute. Mediators provide the forum for dispute resolution. Your accountant and attorney retain their professional functions as your counselors in their respective fields. You retain your role as the ultimate decision maker based on the information you have been given.

What will I have at the end of a mediation?

A written Memorandum of Understanding
An improved or repaired business relationship
A better understanding of the issues that divided you

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