Mediation
Why engage in an interest-based mediation process?
We often enter into conflict with a specific position in mind. These positions are informed by our beliefs, values and the way we have made sense of the world around us. By engaging various approaches to mediation, I can assist the parties in creating deeper levels of understanding by exploring their underlying needs.
Bringing to the surface the hidden interests of the parties, the mediation process:
allows the conflicting parties to gain a greater understanding of each other; and
lays a stronger foundation in which meaningful resolution can be achieved.
What is meant by collaborative practice, and how does that impact the mediation process?
Meaningful collaboration only occurs when the positions of the parties are explored to the extent where the mediator surfaces the underlying interests of the parties. The goal is to empower the disputing parties to find resolution that meets both their wants and desires (collaboration) versus a resolution that requires one or more party to concede, avoid or compromise.
When avoiding, compromising or conceding, one or more party is often dissatisfied with the outcome, and consequently, the resolution is less resilient compared to one that is grounded in collaboration.
What does resolution look like in a mediated process?
The goal of mediation is to enable the parties to develop their own terms of settlement. The settlement can take numerous forms - a letter of understanding; a Memorandum of Agreement; a settlement agreement; and so on.
What these all have in common is the understanding that the disputing parties mutually agree to a set of terms that detail a final and enforceable resolution.