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Mediation

Mediation Aims

The mediation process offers individuals engaged in a dispute, an impartially guided opportunity to:

  1. Attempt to clearly define the issues of contention, as each of the people perceive them to be, and consider the cause and effect of these on their working relationship
  2. Encourage an improved awareness of the needs and concerns of each of the individuals between themselves
  3. Establish whether there is sufficient common ground and sufficient desire between the individuals, to search for a workable compromise that would enable the working relationship to improve through the resolution of identified issues
  4. In the case of no agreement being reached on how to resolve the contentious issues, then at least the parties might reflect upon how further damage to the relationship can be minimised in future.


Mediation Process Pre-requisites

In entering the mediation process, if there is going to be any reasonable chance of improving the current situation, the following are some pre-requisites that the parties need to carefully consider and be willing to accept. Neither party to a dispute should enter the mediation process lightly …..

  1. There must be a willingness from each person to honestly consider what they may be doing that is contributing to problems that are perceived to exist in the working relationship, and be willing to accept their portion of responsibility for contributing to finding solutions that are mutually acceptable.
  2. It is necessary that both parties acknowledge there will be some degree of discomfort and unease in confronting and discussing contentious issues
  3. Each of the parties must have a desire to improve the situation
  4. There must be a genuine willingness to give consideration to the other person’s view of the problems.
  5. There must be an acceptance of the confidentiality of discussions during the day – that is, proceedings or comments from the process should not be disclosed to work-mates outside of the mediation process, without the mutual consent of the actual participants.
  6. Finally, the parties need to accept a no-blame exit opportunity for either of the individuals during the course of the process. In other words, either of the parties can choose to withdraw from the process at any time. The obvious risk, and disincentive to such a decision to withdraw, is that the issues causing the conflict will remain unresolved.

Only if the above pre-requisites are accepted by both people should mediation actually proceed.

The role of the mediator is to offer no judgement on the issues, but simply attempt to promote a clear and open exchange of views – attempting to help each of the parties crystallise their feelings and concerns and to perhaps consider things from a different perspective.

Additional to the above pre-requisites, the mediator will propose some communication ground rules at the commencement of the conference between the parties.

It is important for both parties to accept that the role of the mediator in no way involves apportioning blame, but instead is about encouraging improved and constructive dialogue between the parties, so as to find a way to move the situation forward.

   

 

 Mediation

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