From the monthly archives:

July 2008

The Ithaca (New York) Journal ran a guest column last week on ithacajournal.com by Judy Saul of the Community Dispute Resolution Center, titled “Mediation is a good choice to settle conflicts civilly.” In it, she described some of the comments the CDRC had received when it surveyed users about their experiences. One important point was that participants felt that a benefit of mediation was in changing their own attitudes and perspectives. If the mediation process allows those involved in conflict to see a situation and the others involved in it from a new view, the possibility of agreement — or even a more rational and civil disagreement — is enhanced.

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The Ithaca (New York) Journal ran a guest column last week on ithacajournal.com by Judy Saul of the Community Dispute Resolution Center, titled “Mediation is a good choice to settle conflicts civilly.” In it, she described how mediation can help people in conflict. One of the interesting points was the value of using meditation to clear the air to allow better planning for the future. It is easy to think narrowly about mediation and believe that it is limited to ending active disputes. In fact, as those who used the CDRC’s services said, mediation can be helpful in allowing parties in conflict to create a new working relationship that will allow them not only to handle a current conflict, but also to prevent future disputes or to handle them effectively if they should arise.

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Mediating "despite having the upper hand"

by admin on July 28, 2008

An article by Richard Berman on SFGate.com, titled “Resolving Workplace Conflicts,” provides an interesting survey of the benefits of mediation. The focus of the article is on conflicts at work, between boss and employee or co-workers. Mr. Berman notes that in a slow economy, employers are, of course, in a strong position. “Yet despite having the upper hand, they often participate in mediation and other forms of alternative dispute resolution for one simple reason: it’s far more cost-effective than doing nothing or heading to litigation.”

This statement reflects an appreciation of the true, but difficult to measure, costs of conflict. Even if it is possible for those involved to continue on the course they are on, conflict takes a toll on them. Unconscious denial or an explicit choice to take no action will hurt productivity, whether the cost can be easily added up in dollars and cents or the conflict more subtly undermines morale, working hours, and creativity. Litigation, of course, is an expensive and time-consuming approach.

From a broader perspective, these same costs can be seen, even if hard to quantify, in almost any setting where those in conflict have a continuing relationship or would like to have one. Mediation can help them to face the issues constructively and to work towards an effective resolution.

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An editorial yesterday in the Canton, OH paper, The Repository, suggested that mediation might be a way to prevent Stark County from suing itself. As the editorial points out, this scenario sounds like something out of a Jay Leno wacky headline survey. The problem is that the county’s veterans’ agency maintains that it is entitled by law to the full $1.36 million it requested from the county commissioners for its operating budget. Yet the county is strapped for cash.

Kudos to The Repository for suggesting: “It’s time to bring mediation into the picture.” A lawsuit is a clumsy and expensive way to resolve this conflict. A process that would allow the county to use some creativity and common sense to find a resolution would better serve the veterans, the county, and the taxpayers.

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