Today, collaborative mediation processes are being adopted with increasing frequency in legal, governmental, business and family matters.
What is Mediation?
Mediation has been defined as “an informal process in which a neutral party with no power to impose a resolution helps the disputing parties try to reach a mutually acceptable agreement” (Bush & Folger The Promise Of Mediation).
Mediation is a facilitative process. Through mediation all parties are provided a means to assist in expressing emotions, viewpoints, needs and wants. This process, when facilitated by trained mediators, promotes positive solutions and maintains important relationships.
Who Needs Mediation?
Today in the work environment where employees are responding and adapting to change on a continuous basis, misunderstandings and emotions are on the rise. Organizations today face conflicts over such areas as wrongful termination, employee disputes, team conflicts, interdepartmental conflicts, poor performance management and the problems brought on
AGTS can provide you with a trained mediator to assist in resolving these challenges in a positive manner. The process incorporates the following elements:
- Voluntary participation by all parties.
- Collaborative approach in an impartial, neutral and safe environment.
- Control: Each party has complete decision-making power.
- Confidentiality: Communication in mediation is treated with strict confidentiality.
Benefits of Mediation
While mediation can not guarantee specific results. The following are characteristic of the process.
- Economical decisions: Mediation is generally less expensive when compared to litigation.
- Rapid settlements: Mediation is a timely way of resolving disputes.
- Mutually satisfactory outcomes: Parities are generally more satisfied with solutions that have been mutually agreed upon.
- High rate of compliance: Parties who have reached their own agreement in mediation are also generally more likely to follow through and comply with its terms than those whose resolution has been imposed by a third party decision-maker.
- Preservation of an ongoing relationship or termination of a relationship in a more amicable way: A mediated settlement that addresses all parties’ interests can often preserve a working relationship in ways that would not be possible in a win/lose decision making procedure. Mediation can also make the termination of a relationship more amicable.
- Workable, viable decisions: Mediated settlements tend to hold up over time, and if a later dispute results, the parties are more likely to utilize a cooperative forum of problem solving to resolve their differences than to pursue and adversarial approach.