by Jane Beddall on April 28, 2007
Mediation is a flexible, voluntary process for resolving disputes or conflicts. A mediator helps the parties to the dispute reach an agreement that resolves their conflict. Sometimes mediators are called third-party neutrals. The mediator’s role is always separate from the parties to the dispute: he or she is neither one of the parties in conflict nor an advocate, such as an attorney, for one of the parties. Mediation sessions can include attorneys for the parties or just the parties themselves, depending on the best approach for resolving a particular conflict. The mediator remains neutral throughout the process, never taking sides or issuing a judgment about right and wrong. Instead, the mediator works to help the parties — at least two and possibly more — to find a solution that best fits their interests.
Usually those involved in the mediation sessions join in a mediation agreement to keep the mediation process and communications made during it confidential. Parties who have reached a resolution may decide whether to make known certain details of their agreement. In some circumstances, individuals and entities not directly represented in a mediation may need to know about specific actions that will be taken pursuant to the agreement. Other times, those who are not directly involved in the mediation process, but have been negatively affected by the conflict, may simply join the actual parties in enjoying the benefits of seeing the conflict come to an end.
by Jane Beddall on April 23, 2007
People have used mediation to resolve conflicts for as long as we have found ourselves embroiled in conflicts, but there is still some confusion about exactly what the process is.
We’ll start with what mediation is not. Mediation is not the same as meditation — though both endeavors can lead to peace of mind.
Mediation is also not the same as arbitration, even though both processes involve a neutral third party. Parties to a conflict may be required by contract to pursue arbitration in lieu of litigation if a dispute arises or they may choose, after a dispute has arisen, to pursue arbitration. An arbitrator, unlike a mediator, acts as a private judge and imposes a decision on parties. After the parties, or their attorneys, put on their evidence in a hearing, a single arbitrator or a panel issues an award that decides the case. Typically, the decision is binding and possibilities to overturn the award are limited.
Depending on the circumstances, meditation and arbitration can both serve useful purposes. In other situations, mediation is the conflict resolution process with just the right fit.
More on that in Part II.
by Jane Beddall on April 20, 2007
What is “it”? Conflict. We would like to believe that conflict will never harm our family, our business, whatever is most dear to us. But conflict can happen to anyone, even good people with good intentions. The New Haven Register recently reported on a dispute bitterly dividing members of a long-established peace group. Two factions are now fighting in court over the group’s future and the best use of its assets. Conflict happens, but we can work to minimize both its frequency and its severity. If a conflict does occur — whether it simmers or it erupts — we can work to resolve it as effectively as possible.