Mediation is founded on the belief that each person has a different set of interests that can be met, even in the face of such differences. While mediation does not mean the absence of conflict, in fact it assumes and welcomes conflict, mediation does requires the parties to engage in the resolution of their conflict with some ground rules, often involving respectful communication and perhaps sitting through difficult conversations. But the results from mediation often produce positive outcomes that exceed initial doubts and concerns.

Although it has been around for decades, some misconceptions of mediation persist. Also, not all mediators come to the process with the same approach, experience or temperament. Mediation at accord. is not aggressive conflict dressed up with a smile, nor is it conflict made “nice”. Mediation is not it a cure against unfairness and difference, nor is it primarily focused on forcing a compromise of entrenched positions. It is not about teaming up with one side to force the other side to see things their way. Mediation assumes that all parties to the conflict share a mutual responsibility for working out solutions to their conflict.



CONTRACTING

This phase involves the accord mediator becoming acquainted with the parties; see why the parties want to use mediation as the process to resolve their dispute; look into their ability to meaningfully participate in the work that mediation requires; & make preliminary agreements about ground rules. Agreeing to the confidentiality of the process is usually one of those rules.


DEVELOPING THE ISSUES

At this point, we work with you to find out all of the necessary information essential to resolve the issues in dispute. Not surprisingly, the parties often see the important facts differently. We clarify where there is agreement. Each party is invited to provide information verbally or in writing. Inviting legal counsel or subject matter experts is also encouraged to the extent that it helps move the process forward and stays within the parties’ budget.


WORKING THROUGH CONFLICT

It’s normal for there to be a significant degree of tension which is welcome provided it is expressed respectfully. During the process, we may observe repeating patterns that impede constructive communication. We highlight what is important to each party. This step is almost always essential to resolving the dispute. Further, we allow each party to explain the significance of their issues. Don’t be surprised if we begin to see, beyond the entrenched positions, the needs and interests of each, and on occasion, matters of deeper meaning.


DEVELOPING & EVALUATING OPTIONS

Long experience suggests that this process works most effectively where we first brainstorm potential options without evaluation. We then explore whether a solution can create more value (expand the pie instead of dividing it) and compare how an option meets both sets of needs. We look at the practical implications of the options before making a final decision. All the while, each party remains responsible for the decisions about any agreement. Many times, we agree to keep initial agreements tentative until the whole set of issues are fully resolved.


CONCLUDING AGREEMENT

Once the issues have been discussed and a set of solutions reached, we then bring the agreement into writing. We customarily encourage parties to seek the advice (or representation) of outside legal counsel to give added confidence to their agreement. After this process, the parties usually have not only resolved their dispute in a way that meets their needs, they are also better equipped to work through future conflicts on their own.



Mediation is not for everyone or every case. Mediation may not be right for parties who have a shared history of physical or sexual abuse. Also, where one of the parties has a severe personality disorder, such disorder may overly complicate their ability to work through a difficult, yet mutually respectful process. Further, a party immersed in substance abuse or even one who is lawfully, but heavily, medicated may not possess the wherewithal necessary to do the hard work of creating lasting agreements. Address your questions about whether mediation is right for you and your case with accord.