What is mediation?
What does the mediator do?
Why does mediation work?
What are the benefits of mediation?
How does the mediator decide the outcome?
What are the risks of mediation?
How are complex group issues resolved?
Is mediation confidential?
How long does a mediation take?

What is mediation?

Mediation is a process based on a belief in people's capacity to resolve their own conflicts if given the right support. Formal mediation is a voluntary, confidential process in which a trained neutral professional helps two or more parties arrive at a resolution to a conflict. The mediator does not judge who is right or who is wrong, but works with parties to help them arrive at a solution to their own problem. Specifically, the mediator helps parties to specifically name the problem, come up with a number of different solutions, and choose the solution that best meets their needs.
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What does the mediator do?

In the Beginning

• Assess whether and how to intervene
• Create an arena for communication
• Invite parties to participate
  
• Negotiate the purpose, structure and guidelines of mediation with the parties.

  
  Throughout the Process

• Help each party to fell heard
• Identify the key issues that parties need to address and the needs driving these issues
  
• Frame the issues and concerns
  
• Work to create an atmosphere of safety
  
• Helps keep the process focused
  
• Manage emotions and communication
  
• Deal with unproductive power dynamics
  
• Encourage incremental and reciprocal risk taking
  
• Facilitate an effective negotiation process
  
• Deal with impasse

  
  During the Problem-Solving Phase

• Encourage creativity
• Help parties develop and discuss options with each other
  
• Help people think through their choices
  
• Articulate and solidify potential agreements
  
• Discuss implementation
  
• Draft agreements that have been made
  
  (This list is taken from: The Dynamics of Conflict Resolution by Bernard Mayer)
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Why does mediation work?

1. "Often the mere presence of a third-party neutral changes the course of a conflict, regardless of any specific intervention. The disputants have to alter their approach to the conflict simply to accommodate the participation of someone with whom they are not in conflict. They change the way they present issues, communicate, and express their emotions.
   
   
2. "Mediators bring personal commitment, vision and humanity to the interaction. Mediators enter a dispute with a set of beliefs about the potential of mediation to assist the parties, a commitment to contribute to the resolution process, and a vision of how to proceed. The energy and optimism of a mediator are often the most important contribution that he or she can make.
   
   
3. "Mediators bring a set of skills and procedures to the process, including abilities in communication, reframing, conflict analysis, problem solving, negotiation, crisis management, maintenance of neutrality, and conflict resolution design.
   
   
4. Lastly, "mediators bring to a conflict their values and ethical standards. . . . For example, a mediator is generally committed to helping parties search for an outcome that adequately addresses each of their key concerns. By entering mediation, disputants in effect commit themselves to searching for such an outcome as well." (Bernard Mayer, The Dynamics of Conflict Resolution, PP 192-193)
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What are the benefits of mediation?

Mediation provides the parties in a dispute control over the outcome, creating greater satisfaction and an increased likelihood that the final agreement will be carried out. Secondly, it introduces a structured process into the conflict so that parties don't have to think so much about how the conversation is happening. For some, mediation can be a transformative process that helps preserve or even improve relationships. Mediation can also save time and money for an organization by avoiding the high cost of litigation.
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How does the mediator decide the outcome?

The mediator does not decide the outcome. Mediators help parties reach their own decisions.
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What are the risks of mediation?

The risks of mediation are very few. Because mediation is voluntary, either party or the mediator can call a halt to it at any time. Neither party is pressured or coerced into accepting any agreement they don't support.
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How are complex group issues resolved?

Many conflicts, especially those in groups, have a number of components to them. In working with groups we use a wide variety of tools and processes, including mediation. Among the issues that may contribute to a conflict that a conflict manager may work with are: structural issues in an organization, meeting facilitation skills, clarity of mission, leadership and supervision, and organizational culture. Cheshire Mediation begins working with all group conflicts by first doing a complete assessment of the situation. Go to article on cost of organizational conflicts
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Is mediation confidential?

Mediation is a confidential process, meaning that the mediator will not disclose any information or material growing out of the mediation without the expressed consent of the parties. In instances where a work supervisor or other professional expects to know the outcome of a mediation, the mediator will work with everyone involved in advance of the mediation to determine what and how information will be disclosed.
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How long does a mediation take?

The length of a mediation is determined by a variety of factors including the complexity of the issues, the complexity of the relationships, the number of participants, and the readiness of the parties to explore a mutually satisfying solution. While some mediations are completed within an hour or hour-and-a-half session, it can take much longer. It is possible to provide a reasonable estimate of the time needed to resolve a problem once the details of a situation are known.
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