........DEFINITION
........SMALL BUSINESSES
........MULTICULTURAL MEDIATION
• Are you about to lose a key employees due to conflict?
• Are you facing an expensive law suit?
• Do you have a team that's not working well together due to internal
...conflict and is it affecting productivity?• Have you invested in a team that has become dysfunctional?
• Are you trying to manage change in your organization and meeting
...with resistance? ...
If so, mediation can:
- Help you retain key employees
- Help your business avoid the time and costs of the court system
- Help your organization work more effectively together and increase productivity
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Definition
Mediation is a process whereby a neutral 3rd party, the mediator, helps 2 or more parties come to an agreement. A mediator listens to all parties and helps facilitate difficult discussions. Mediators are NOT consultants who will hear both sides and decide on an optimal/legal solution. They are there to help you and your organization communicate and come up with your own solutions.The five main principles of mediation are:
- Voluntariness – All parties must agree to the process. Each side also has a right to terminate the process at any time. If any party is forced to do mediation, any agreement might be viewed as a coerced agreement and be unenforceable. Also, one party may use the process to prolong the dispute.
- Confidentiality – The discussions during the mediation must be held confidential. Each party must feel comfortable sharing information without fear that it could later be used against them. When there is a private conference that consists of just one party and the mediator, that party must feel that the information shared is kept confidential by the mediator.
- Informed Consent -All parties involved must have the capacity and understanding to be able to agree to an outcome.
- Self Determination - The parties must be allowed to decide for themselves to what they want to do.
- Neutrality – The mediator must remain impartial. None of the parties should feel that the any other party was “favored” by the mediator.
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Mediation
- Allows for problem resolution in a low-stress environment.
- Helps parties have difficult conversations. Having a neutral
third party can help each side understand the other.
- Helps teams reach a consensus and come to an agreement that includes all team members.
