Frequently Asked Questions
How can mediation benefit me?
There are many benefits to mediation. Control of the process and the outcome is in the hands of the parties rather than a judge. Second is speed. Mediation is normally considerably faster than going to court. Next is cost. The hourly cost of mediation combined with the shorter process are generally more economical than court. Finally, confidentiality. Mediation is a voluntary private process unlike the public process that is court. There are no transcripts and nothing said in mediation may be brought into court.
What types of conflicts can be addressed through mediation?
Personal, business, organizational, and many other types of disputes can be addressed through mediation. Conflict between family members, landlord and tenant, HOA and homeowner, co-workers, labor and management, and business and customer are some examples of disputes that can be resolved through mediation. There are times when an intermediary can help with uncomfortable conversations as a neutral facilitator. Situations such as elder decision making, division of assets after an inheritance, and separation from partnerships can all be made easier through mediation.
What can I use a mediator for?
A mediator is trained in helping resolve all types of disputes. We also can facilitate meetings, train groups on conflict resolution, provide operating procedure templates for businesses to install in their internal conflict resolution processes, and negotiate internal team positions to create consensus in larger disputes or conflicts.
When is mediation not suitable? Who should not use a mediator?
Neutral party intermediaries are not suitable when there is not a willingness for good faith negotiation toward agreement. There are natural rhythms within a conflict where both sides are willing to negotiate in good faith, bringing in a mediator at the wrong time within a dispute can stall the process.
What should I look for in a mediator?
Characteristics of a mediator that suits you depend on the type of process you’re looking to implement. Facilitative mediation where the mediator aids the parties in choosing for themselves the procedure, interests, and agreements is suited to those who can make agreements without emotional confrontations. Transformative mediation is a technique where the third party empowers the disputants to be heard and allow their emotions to be expressed focusing on interests and need based resolutions that create a way forward that feels best.
Who does a mediator represent from an ethics and accountability standpoint?
Mediators are omnipartial and omni-interested. When helping people through conflict in a compassionate way a mediator will be interested and partial to all parties and their interests. It is a three party team working against the dispute. Disputant's needs and interests being met in as fair a way as possible in a process that keeps them in control is the mediator’s goal.
What should I expect from the mediation process?
This depends on the type of conflict and the authority delegated to the mediator by the parties. Facilitative mediation has the parties create and agree on the process they want to proceed with the mediator as the master of ceremony keeping the conversation progressing. Other mediation techniques allow for the mediator to control the process as it is agreed to by the parties. Making the mediator the Master of Ceremony for the negotiations.
Is mediation a prerequisite for court?
In some states mediation is a prerequisite for small claims, civil, and divorce cases. Mediation is a process that does not need to be used in conjunction with court.