WHAT IS MEDIATION?
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.
WHAT ARE THE BENEFITS OF MEDIATION?
Mediation presents a mechanism for persons in conflict to re-engage in meaningful communication. A mediator facilitates this process through joint sessions and individual caucuses. All parties participate voluntarily allowing all of the puzzle pieces to be placed on the table so the parties can work together to build their picture how they choose.
Confidentiality through all parts of the mediation process encourages a free exchange of information and creativity. This protection allows participants to share information without prejudice to later proceedings and move forward on agreements without the public eye. Participants are in control of their level of confidentiality individually with the mediator and collectively by mutual agreement.
The open, collaborative and confidential nature of mediation proceedings allow for increased creativity. Participants aren't limited by remedies traditionally available or dictated by the courts or traditional employment policies. During mediation you can start from a new blank page developing new processes, heal hurt feelings, repairing lines of communication, and improving ways of working together. Any and all ideas can be presented and considered.
Mediation is only one of many paths available to help you get through your conflict. Believe it or not, the conflict will end one way or another. You may choose to level up your skills and work your way through on your own. You may decide to leave employment with a contentious colleague. You may have a court or arbitrator decide fair compensation from or to you. Mediation is the solution that allows control of conflict through creativity and collaboration.
Lawyers are experts and advocates. If you wonder if you need legal advice, then you just might. By design, the mediation process is neutral and should never provide you with any advice, legal or otherwise. On the flip side of that, an advocate fighting in your corner can never provide the neutrality you may need to find a collaborative solution to conflict. The more informed you are about your situation, the better mediation will be.
Conflict costs money. Industry sees the costs of conflict reflected in business delays, loss of productivity and litigation costs. Employers absorb the cost of losing good employers, lost productivity, employer paid time off work, and replacing and training new employees. Conflicts steal our time. Mediation can be your faster way through conflict to resolution and beyond.