WHAT IS MEDIATION?
COLLABORATION
Mediation is simply a collaborative meeting between people in conflict facilitated by a neutral.
Participants volunteer for mediation to discuss their conflict candidly in sessions held jointly and individually with the neutral facilitator helping them work out their win-win solution.
Mediators specialize in various types of conflicts.
My areas are: community, workplace and civil/ commercial
(I am a CMC approved mediator in workplace and civil commercial, but not community.)
Community
Community Mediation focuses on helping parties correct conflict behaviour, rebuild relationships and establish better communication with your closest neighbours and community members.*
TL;DR: Costs associated with policing, primary medical care, mental health care, teaching, housing services.
* You may have free community mediation services available in your area. Check with local organizations such as police, local/ housing authority, and councils.
Workplace
Workplace Mediation allows for communication and exploration of tense work situations that may hinder employee productivity and satisfaction improving future communication and processes.**
TL;DR: 2021, costs = $28.5 billion to UK due to resignation, dismissal, stress related time off work
** You may have free or low cost mediation services available through your employer and/or related services. Start with your employer, EAP or insurance.
Civil/ Commercial
Civil/ Commercial mediation helps businesses resolve disputes through collaboration in future focused agreements allowing preservation of valuable relationships and reputations.***
TL;DR: 2024 small claims = 50.7 weeks; multi/fast track = 76.8 weeks - other costs are legal and filing fees
*** You may have free or low cost legal services and/or mediation available in your local area. Start with local non profits and court services.
Call or email me if you are interested in mediation services.
Watch the videos to find out more about mediation generally
What is mediation?
Mediation is a conversation between two parties in conflicted facilitate by a professional neutral (mediator). Mediation has increasing become a required part of the litigation process, but can help in almost all conflicts.
What does a mediator do?
A mediator is in charge of the mediation process, while the parties in conflict are in charge of the substance. The mediator ensures safe, productive and thorough communication for the parties to come to agreement.
How does mediation work?
Mediation generally consists of a series of individual and joint sessions between the parties and the mediator. These sessions can be held in person or online. They are voluntary, confidential and collaborative.
Do I need a lawyer?
If you think you may need legal advice, then you probably do. Knowing your legal position is helpful when you are working toward agreement. Many mediators are legal advocates, but they will not give you legal advice.
How long is mediation?
Mediation can take as long as it takes. Often the process is contained to one day. Depending on party preference and the subject matter it could work to hold several sessions instead. The parties guide the length.
What conflicts can be mediated?
Mediation is appropriate for (almost) any type of conflict between: neighbours, businesses or with consumers, employees/ bosses, probate disputes, family matters and the list goes on. Mediators may specialize in some of these issues.
How do I pick a mediator?
Universal standards for mediators are lacking. Membership in a professional body means a mediator meets some training and experience standards. You may also need special skills depending on the type of conflict.
How much does mediation cost?
Generally mediators charge an hourly rate that is split between the parties. Think of a solicitors rate that also might vary based on expertise and experience. If cost is problematic it may be worth looking into community mediation programs.
Mediation is always voluntary
Even if you have been ordered to mediation in your court case, participation in mediation is voluntary. This is your chance to decide your outcome for yourselves and it's confidential, so why not give it a go?
Mediation is confidential
Confidentiality is the cornerstone of mediation. Confidentiality allows the parties to collaborate openly and look beyond the conflict into the future. No records are kept. The only thing you leave with your agreement on the parties terms.
Mediation is collaborative
No one in a mediation can tell the parties what to do. Agreement is entirely that, just agreement. Because it's confidential, you have nothing to lose getting creative and finding a realistic and workable solution for everyone. You can have a win-win.
Community costs of conflict
Conflict is expensive. A neighbour dispute may affect the price of your home. Employee turnover isn't cheap. Court cases may take years to resolve. Meanwhile, your time and energy are taken from you and your community.