What is mediation?
Mediation is an informal, voluntary, confidential, and effective method of solving conflict. The process is informal because there are no fixed rules and procedures like in trial or arbitration. It is voluntary because you choose to participate in mediation and may, at any time, terminate the session. It is confidential because pursuant to Arizona law, with a few exceptions, all communication, acts, and documents are not admissible in court (Arizona Revised Statutes 12-2238). Mediation is effective because it involves meeting together in a safe and neutral environment with the express purpose of finding a solution. A trained, impartial, and neutral mediator helps guide the conversation so your communication remains productive, open, and focused. You're encouraged to speak openly about your needs, interests, and perspectives while the mediator makes sure everyone is heard and the environment stays positive.
Mediation is an informal, voluntary, confidential, and effective method of solving conflict. The process is informal because there are no fixed rules and procedures like in trial or arbitration. It is voluntary because you choose to participate in mediation and may, at any time, terminate the session. It is confidential because pursuant to Arizona law, with a few exceptions, all communication, acts, and documents are not admissible in court (Arizona Revised Statutes 12-2238). Mediation is effective because it involves meeting together in a safe and neutral environment with the express purpose of finding a solution. A trained, impartial, and neutral mediator helps guide the conversation so your communication remains productive, open, and focused. You're encouraged to speak openly about your needs, interests, and perspectives while the mediator makes sure everyone is heard and the environment stays positive.
Why choose mediation?
Mediation can save time, money, and the emotional stress that often accompanies lawsuits.
Time is saved because you are working together on a solution rather than succumbing to the lengthy process of the judicial system. Lawyers are not required in mediation, but even if you have a lawyer, money is saved on legal bills and court costs because the process is more efficient. The emotional toll of a lawsuit due to hostility, aggressive behavior, and mudslinging is unfortunate and can be avoided with mediation. The process reduces anxiety because you are in charge of the solution -- no more waiting for court deadlines and the uncertainty of an outcome. You decide when it is convenient to meet and the mediator has no authority to impose a solution. Mediation is, therefore, less adversarial because it is conducted in a relaxed environment where collaboration, cooperation, and solutions are the focus.
Mediation can save time, money, and the emotional stress that often accompanies lawsuits.
Time is saved because you are working together on a solution rather than succumbing to the lengthy process of the judicial system. Lawyers are not required in mediation, but even if you have a lawyer, money is saved on legal bills and court costs because the process is more efficient. The emotional toll of a lawsuit due to hostility, aggressive behavior, and mudslinging is unfortunate and can be avoided with mediation. The process reduces anxiety because you are in charge of the solution -- no more waiting for court deadlines and the uncertainty of an outcome. You decide when it is convenient to meet and the mediator has no authority to impose a solution. Mediation is, therefore, less adversarial because it is conducted in a relaxed environment where collaboration, cooperation, and solutions are the focus.
Mediation seeks to safeguard relationships.
By focusing on and acknowledging your needs and interests, mediation helps you work through conflict while preserving your relationship with each other. Mediation helps you work towards finding a mutually acceptable solution that keeps in mind the fact that you may have to continue a personal or professional relationship long after your dispute is resolved. It encourages you to learn ways to communicate and handle conflict productively on your own in the future. Therefore, mediation is the best alternative to litigation when you need to be on good terms and you want to foster positive future relationships with each other, personally and/or professionally.
By focusing on and acknowledging your needs and interests, mediation helps you work through conflict while preserving your relationship with each other. Mediation helps you work towards finding a mutually acceptable solution that keeps in mind the fact that you may have to continue a personal or professional relationship long after your dispute is resolved. It encourages you to learn ways to communicate and handle conflict productively on your own in the future. Therefore, mediation is the best alternative to litigation when you need to be on good terms and you want to foster positive future relationships with each other, personally and/or professionally.
You don't have to be a master negotiator to succeed with mediation.
A trained mediator helps you work through your differences and underlying obstacles. She focuses efforts on creating workable solutions, not who did what to whom. Your negotiation experience is irrelevant in mediation because the mediator keeps the conversation going as you create a solution together. In fact, the mediator should not allow hard bargaining, positioning, or negotiation tactics to take over the process. She strives to change the communication dynamic so collaboration can be achieved.
A trained mediator helps you work through your differences and underlying obstacles. She focuses efforts on creating workable solutions, not who did what to whom. Your negotiation experience is irrelevant in mediation because the mediator keeps the conversation going as you create a solution together. In fact, the mediator should not allow hard bargaining, positioning, or negotiation tactics to take over the process. She strives to change the communication dynamic so collaboration can be achieved.
Mediation produces long lasting solutions.
Rather than a judge or arbitrator imposing a decision, you create the solution during mediation. Because you are directly and actively a part of creating a solution, you own it. By freely exploring, crafting, and deciding on the agreement terms, you are more willing and able to carry it out. The agreement is specifically made for your situation, needs, and interests. Therefore, it is more likely that the agreement will endure.
Rather than a judge or arbitrator imposing a decision, you create the solution during mediation. Because you are directly and actively a part of creating a solution, you own it. By freely exploring, crafting, and deciding on the agreement terms, you are more willing and able to carry it out. The agreement is specifically made for your situation, needs, and interests. Therefore, it is more likely that the agreement will endure.
What have you got to lose?
Not much. By trying mediation, you don't ever give up the right to try a different alternative. You can walk away at anytime. More importantly, even if you do not reach an agreement, just by putting forth a good faith effort during mediation, you may find that you have a better understanding and/or a different perspective on your dispute. You learn, and perhaps, appreciate what each other's needs and interests truly are. And maybe, just maybe, you learn how to work together and/or communicate constructively with each other in the future.
Conflict Solutions Management (Workplace Mediation)
Not much. By trying mediation, you don't ever give up the right to try a different alternative. You can walk away at anytime. More importantly, even if you do not reach an agreement, just by putting forth a good faith effort during mediation, you may find that you have a better understanding and/or a different perspective on your dispute. You learn, and perhaps, appreciate what each other's needs and interests truly are. And maybe, just maybe, you learn how to work together and/or communicate constructively with each other in the future.
Conflict Solutions Management (Workplace Mediation)
Often complaints, grievances, and disputes cause problems within the workplace. Coworkers may not be able to work together, team efforts break down, and working productively is no longer possible. For the same reasons discussed above, mediation can help during a disagreement by helping everyone understand differing views and how to proceed in the best interests of everyone involved. People are encouraged to take responsibility for the issues at hand, view them from different perspectives, and develop options to solve the conflict. Mediation can even be helpful after conflict has been resolved by exploring ways to improve strained relationships within the company at all levels of the organization. As a result of bringing a mediator into the workplace, before, after, or during a conflict, people can improve their communication skills in solving conflict; learn to listen, analyze, and identify problematic issues more efficiently; and creatively decide on alternatives and solutions more effectively. Workplace mediation focuses on improving and healing relationships not only for the current conflict, but for the future. It gives everyone the opportunity to develop new, effective, and enduring positive working relationships. Mediation can resolve issues within the workplace such as interpersonal conflict; differences in communication and leadership styles; and grievance management.
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