FAQs
More About Conflict Resolution
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In interest-based mediation, the mediator's role is to foster dialogue between parties, empowering them to make their own decisions and reach a resolution and agreement.
Mediators must remain neutral. They offer information, but they do not give advice or recommendations. This way, the parties are responsible for making their own decisions.
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The success of resolving a dispute through mediation depends greatly on the parties' willingness to find a resolution. This could lead to a mediated agreement or help the parties gain new, valuable information and perspective on the issue.
With this extra information, the parties can make better decisions in the future, whether they decide to resolve the dispute through mediation, or consider other ways to resolve it.
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The mediation process unfolds as follows:
1. All parties agree to mediate.
2. Pre-mediation interviews are scheduled and conducted with each party separately.
These interviews help the mediator understand each party's perspective, identify the issues, find out what matters to them, explore potential solutions, and prepare them for the mediation process. It also enables the mediator to determine whether mediation is appropriate for the dispute situation.
3. All parties are scheduled to attend mediation upon the conclusion of all pre-mediation meetings.
Mediation can take place at a neutral location like an office, boardroom, or meeting room, or at a suitable place agreed upon by all parties, including virtual mediation.
4. Mediation takes place upon conclusion of pre-mediation interviews.
A mediation usually takes 4 to 7+ hours, depending on the dispute and the parties' willingness to reach a resolution. At times, an additional mediation may be required depending upon the complexity of the dispute.
5. JRB Mediations will prepare a Mediated Settlement Agreement if the parties agree on a resolution to the issues or partial resolutions.
The agreement will state the terms and conditions agreed upon by all parties.
6. Both parties review and sign the Agreement, making it a binding contract.
Alternatively, they can both agree to have their lawyers review and draft it into a legal document.
Even without an agreement, mediation helps parties understand the issues and interests in the dispute, and each party's perspective.
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Mediation is an essential and voluntary process that relies on the willingness of each party to participate.
If you need guidance on how to encourage the other party to engage in mediation and you lack legal representation, reach out to JRB Mediations for expert advice on handling this situation.
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When seeking the services of a Mediator:
1. Connect with the mediator to discuss your situation.
2. Ensure the mediator is a designated Qualified Mediator with relevant training and experience.
3. Ensure you and the other party are comfortable with the mediator you want to hire.
4. Request an estimate from the mediator, if necessary.
5. Both parties sign a contract to mediate and provide a retainer to the mediator.
6. Once a retainer is received, the mediation process begins.
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While it is not necessary, you have the option to be accompanied or aided by someone you trust during the mediation process.
This can include a lawyer, who typically serves to offer you support and guidance.
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The most commonly practiced form of mediation is interest-based mediation, also known as "facilitative mediation," "understanding mediation," and "assisted negotiation."
In this process, the mediator guides and supports the parties by:
encouraging active listening
ensuring fair expression of all parties
helping to clarify underlying interests
meeting separately with each side if necessary
asking open-ended questions to facilitate exploration and discussion
It is important to note that the mediator does not offer opinions or make decisions for any party, respecting each party's autonomy to reach its own agreement based on its unique circumstances.
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Mediation is often the key to resolving most disputes and can be applied to many types of conflict including:
The resolution hinges on the parties' willingness to earnestly seek a resolution and their agreement to have a neutral third party mediate the dispute.
