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
Neutrality: helping parties understand their respective problems/motivations
Impartiality: putting into place a process both parties find fair and agree to work within
Independence: a successful mediator is not connected to either party
Confidentiality: creating a safe spaced for parties for freely express themselves
Equity/Fairness: seeking a balanced and sustainable settlement
Respect for the Law: parties are free to adhere to new contractual clauses, etc.
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