Mediators are trained to understand the source of conflicts and identify a path away from adversarial positions toward positive growth and change. Mediators create a safe space to have difficult conversations.
We can work with all parties to a dispute to help cut through the emotions and hang ups, allowing the natural wishes for resolution, fair results, and parties being able to move on with their lives leaving the anxiety of pending conflict behind them. We practice the intentions of NVC (Non-Violent Communication) and extend active listening to all parties.
The traits of a Competence certainly includes the ability to remain neutral and to move parties though various impasse-points in a dispute. The dispute is over whether expertise in the subject matter of the dispute should be considered or is actually detrimental to the mediator’s objectivity.
The process requires that all parties voluntarily wish to participate. Suggestions of the mediator are non-binding on any party. This means that the mediator will hear all the information, inquire as to open communication, and will facilitate the underlying needs of the parties.
They will consider the conflict from a third party non-biased point of view and provide an opinion and suggestion of how the parties might proceed. The parties are free to take the suggestions of the mediator in whole or in part. Even if the suggestions and opinions are not agreeable to all parties, the process and final report will help all of the parties to understand how a third party sees the situation.
This can help predict how a court, jury, or other board of authority might rule in the case. The report may also provide reasonable estimates of loss and/or damage, and even possible identification of other parties who may assist with the resolution of compensation.
Each party will speak with the mediator for 35 minutes separately, via video call. The mediator will hear the stories of the parties without judgment, and ask some clarifying questions to better understand the details.
The mediator will then speak with the parties again, in reverse order, to lay out the possible pathways to solution to the parties based on what was heard.
Next, the mediator will facilitate a group call to (1 hour video) engage the parties with each other, acting as a buffer to extreme positions, and inserting doses of reality to offset self serving points of view.
Last, the mediator will research facts and information related to the controversy, and prepare a written report of observations, containing the opinion on what the parties could do to resolve the case, and what might happen if the case proceeds to litigation or binding arbitration. The mediator will have previous life experience in business management, investigations, court outcomes, insurance, real estate, transportation and contracting.