Mediation: It’s All About Communication & Compromise
When individuals or businesses have a conflict they are unable to settle between themselves, a mediator is often called in to help facilitate a resolution. This helps to avoid legal action in a courtroom, which saves time, money and energy.
A mediator is a neutral third party who helps those involved communicate more effectively so both parties can reach an amicable compromise.
Mediation is a process. It can be especially useful when communication has broken down or there are intense emotions involved. The key to successful mediation is that both parties understand the issues involved and are willing to listen to options and rationale presented by an unbiased mediator.
The American Heritage Dictionary defines conflict as “a state of disagreement and disharmony; a clash; a collision.” Conflict is a normal part of life and is inevitable in human relationships. The potential for conflict in your life is everywhere: work, home, accidents, school, and many other areas. It is important that differences are resolved before relationships are permanently damaged.
Roles & Results
With the input of the parties involved, the mediator will help draft an agreement outlining the terms of the settlement. Your attorney will be present to clarify any legal issues and advise you accordingly. Once it is signed, it is a binding legal document.
In all mediations, Doug Wilson commits to his 10-point Checklist of Excellence:
- I will treat all parties with respect.
- I will conduct the mediation with respect to process.
- I will be fully prepared to work.
- I listen with a fair, neutral and compassionate mind and attitude.
- I will ask quality questions.
- I will be open to learning.
- I will help find answers.
- I will keep working until an amicable compromise to settle or not to settle is reached.
- I will maintain confidentiality before, during and after the mediation session.
- I will charge a fair and reasonable fee.