You might choose mediation if:
• You face the possibility of an employment tribunal
• You are in dispute with a supplier or another organisation
• An important project is not going smoothly because people can’t agree
• A key relationship is not working and it is getting in the way of progress
What is mediation?
‘Mediation is a flexible process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of the resolution.’
Definition from CEDR (The Centre for Effective Dispute Resolution)
When can mediation help?
We each see things differently based on our own experiences in life and work. Our individual perspectives are important in solving problems, creating something new or making changes. Sometimes different perspectives can lead to disagreement and people becoming entrenched in their views. If this cannot be resolved then progress slows or even stops.
Often, people will turn to mediation as a cost effective alternative to legal action. It is quite common in commercial contracts to have a clause that requires mediation in the event of a dispute.
Using mediation to resolve a dispute that doesn’t involve potential legal action is a smart move too. It can improve relationships internally and externally and break down barriers that may have been inhibiting progress for a long time.
How does it work?
A mediator is skilled at building trust with parties involved in a dispute. Through confidential discussions with the parties both individually and together the mediator gains insight into the issue(s). Using this insight the mediator works with the parties to find a route through the issue(s) and negotiate an agreement that all parties can accept.