Mediation Overview

What is Mediation?

Mediation is a voluntary process in which the parties make decisions together based on their understanding of their own views, each other’s, and the reality they face.

Mediator’s role

The mediator works as a non-coercive neutral to help the parties negotiate an agreement that serves them better than their alternatives.
Mediator’s objective is to get parties to unpack and understand their respective stories  (“the past”) to move towards their inner motivations (“the present”).

  • Identify the major problems at stake

  • Dig deeper about the identified problems

  • Identify the parties’ underlying motivations 

This objective is met through encouraging the parties 

  • To share their respective views (“what happened conversation”)

  • To understand each party’s viewpoints on the conflict

  • To recompose a more complex/complete/nuanced past

  • To move toward a mutual acknowledgment of motivations if possible

Mediation is not about a common vision of the past, but about getting mutual understanding of present needs to seek possible solutions in the future.

7 fundamental characteristics of successful mediation practice

  1. Neutrality: helping parties understand their respective problems/motivations

  2. Impartiality:  putting into place a process both parties find fair and agree to work within

  3. Independence: a successful mediator is not connected to either party

  4. Confidentiality: creating a safe spaced for parties for freely express themselves

  5. Equity/Fairness: seeking a balanced and sustainable settlement

  6. Respect for the Law:  parties are free to adhere to new contractual clauses, etc.

  7. Voluntariness:  mediation is the parties’ process, not about the mediator

How Scott Can Help

Find Common Ground, Reach Resolutions

Scott can help you navigate a disagreement through a facilitated process called mediation. In mediation, both parties involved will work together to reach a solution that works best for everyone.

Click "Contact Scott" to let Scott help you:

  • Understand each other's perspectives

  • Communicate effectively

  • Develop a fair and sustainable agreement

  • Avoid the stress and cost of litigation