Mediation is a highly effective method for assisting people who are in conflict to reach a mutually acceptable resolution. Mediation is an alternative conflict resolution technique in which a neutral third party - the mediator - facilitates settlement discussions among the parties in conflict. The mediator brings participants together in the identification of underlying interests to define a mutual problem, and then assists them to reach a solution to their conflict. Mediation is simple, informal, speedy, confidential and less expensive than other methods for dealing with conflict. In mediation, it is the concerned parties who decide on the solution, not the mediator. This helps the participants to communicate and approach their differences positively, with concern for the overall outcome as opposed to defence of individual positions.
Other methods to deal with conflict include:
- Arbitration - in which a neutral third party assesses the information provided by each party and renders a decision based on precedent and/or terms of a contractual agreement.
- Negotiation - where the parties to the dispute communicate directly with each other or through agents in an informal process and come to a conclusion which may not be binding or lasting.
- Litigation - in which a neutral decision-maker considers the factual information presented by both sides of the dispute and, according to legal parameters, sets out a decision within the guidelines of the law.
Each of the above methods has advantages
but common to them all is lack of consideration for the
individual and the absence of a win-win resolution.
Mediation has
several advantages over these other processes:
- Privacy and confidentiality are maintained
- Costs, both financial and personal, are reduced
- Flexibility is valued
- Agreements are customized to meet the needs of all parties
- Issues for immediate or future consideration are clarified
- Relationships in future work endeavors are improved
- Control of both the process and the outcome stays in the hands of the parties in the dispute.
Mediation allows participants to
determine what information is revealed, to understand
each other's point of view, to maintain their dignity, to
address each party's emotional involvement and most
importantly, to determine the results. The goal of
mediation is for all parties to reach a voluntary
agreement of their own that will satisfy each of them.
Even when mediation results in a partial solution, it can
help clarify the issues involved and aid the parties to
choose the next step in their resolution process.
Stillwater Consulting Ltd. has experienced
mediators with backgrounds in business, union
negotiations, human resources and social services, all of
which complement our conflict management style. We will
mediate conflicts with two or more parties in disputes
involving the following issues:
- Commercial
- Organizational
- Workplace
- Interpersonal
By changing the dynamics of the conflict,
our mediator can help the parties maintain or rebuild
relationships. This technique can assist the parties to
create a fresh outlook. It provides an environment that
encourages creativity and brainstorming on methods for
resolving problems. Our mediator keeps the problem
solving process from stalling, sometimes by reminding the
parties that their interests are better served by a fair
compromise, rather than by risking the loss of a case
after expending a lot of money, time and emotion.
Once you contact our office, our staff will
assess the situation in order to advise you on the most
appropriate alternative dispute resolution technique. If
mediation is determined to be appropriate then both
parties will be contacted for an initial meeting to gain
a commitment from each of them to using this method, to
help clarify the points of the conflict and to describe
the mediation process and its expectations. When everyone
is in agreement, a mutually acceptable location and time
is chosen for the mediation conference where all the
parties meet with the mediator to work at resolving the
conflict. During this meeting the mediator will guide the
parties through a process of exploring interests,
defining a mutual problem, examining and evaluating
options and setting the foundation for a resolution.
If you want a
"win-win" outcome to your dispute then consider
mediation services with Stillwater Consulting Ltd.
© 1998, Stillwater Consulting Ltd.