Mediation & Facilitation

What is Mediation? 

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Mediation is a voluntary conflict resolution process.  It features a neutral third party (the mediator), who will help the people or groups who are experiencing conflict (the participants), to work together on resolving their conflict in a safe and structured way. 

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 Mediation outcomes can be limited in scope, dealing with a specific issue in order to contain or manage a conflict, or can tackle a broad range of issues in a comprehensive agreement. 

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What is Interest-Based Mediation?

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There are different approaches to mediating disputes. An Interest-Based Mediator guides participants to identify the unmet needs and interests that underlie their positions so they can make a go forward plan that meets everyone’s needs (as opposed to a compromise that leaves everyone unhappy).  

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What will I gain through participating in the mediation process? 

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The benefits of mediation go beyond getting a signed agreement.  Ideally, the reflection, practice and experiences that are engaged in  will strengthens the participants' relationship with each other and their ability to communicate and solve problems together in the future.  This is why interest-based mediation is an ideal method for addressing conflict within the context of continuing relationships.  

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By going through the mediation process, participants:

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• Learn more about themselves and each other (eg: their values, interests, fears, communication style, personality, defence mechanisms and habits) 

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• Explore what additional information would be helpful to broaden their options and increase confidence in their decisions

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• Learn new skills and tactics to improve communication and conflict resolution

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• Practice communicating their own needs, interests and boundaries mindfully

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• Practice seeking and validating information about the needs, interests and boundaries of other participants non-defensively

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• Evaluate potential agreements on their ability to meet all participants' needs and the likelihood that they will actually be followed in the real world, given external variables and challenges to both participant's cooperation.

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• Establish a framework to revisit the agreement if unexpected circumstances change it's viability. 

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• Experience positive, respectful and productive interactions with people with whom they have experienced conflict in the past.  

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What does the Mediator do? 

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The mediator is responsible for creating an environment conducive to collaborative problem solving.  They will design and guide the parties through a process suited to their unique challenges. 

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The mediator should be someone that both participants agree to work with and believe is trustworthy, as this is key to building confidence and optimism in the success of the process. 

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What should I expect from the mediation process?

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An effective mediation takes into account the causes and dynamics of the conflict, as well as the context of the environment in which it takes place and the power dynamics of the participants. The mediator will meet with each participant individually to learn more about the challenges, positions and interests that factor into the dispute, and assess whether the issue is appropriate for mediation.  The mediator will ask each participant about risk factors for violence, and about what boundaries they need in place to feel safe (mentally, emotionally and physically) to engage in discussions with the other participants.  They will also discuss confidentiality.

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The structure and design of the mediation will depend on the type of dispute, the number of participants and what they decide would be most appropriate to their needs, in consultation with the mediator.

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Read more about how a typical interest-based mediation between two people might proceed in our blog post, "What to Expect in a Mediation." 

 

Why do people choose Mediation over other dispute resolution options like arbitration or going to court?

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Mediation is: 

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•  Autonomous.  Your participation in the process is voluntary.  You are in control of making the decision that is best for you, and no one will tell you what to do.

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• Individualized. The entire process is designed with your input and in accordance with your unique goals and needs.

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• Safe. The mediator will do an assessment of the power dynamics between the participants and of any potential for harmful behaviours, and make a plan to alleviate those risks.  (In certain cases - the mediator may decline to move forward if it is not possible to do so safely or fairly).  Joint meetings will only occur if everyone is a willing participant.  The mediator will ensure the conversation remains respectful and that safety boundaries are followed.

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• Collaborative.  Mediation is future-focused and does not involve making a case against the other party based on their faults or past behaviours.  It also offers opportunities for parties to try to understand and help each other, which tends to diffuse tension and improve outcomes.  This contrasts adversarial processes, which tend to increase hostility and further damage relationships.​

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• Flexible. An adversarial process usually focusses on only two or three possible outcomes, called positions.  Mediation will typically generate more options .  Unlike a court order, the mediated agreement can be changed by the participants when necessary without involving lawyers or judges.  

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• Effective. Rather than relying on the judgment of a stranger to define your problem and choose what they think is the best solution, you work with the people who are most knowledgeable about the problem and the context, and who have the greatest personal stake in the success of the solution - the other participants. This leads to more successful agreements. 

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• Skill-Enhancing.  In litigation, the problem-solving is outsourced to lawyers and judges.  By going through the process of mediation, the participants learn and practice new skills in problem-solving, communication and conflict resolution, and gain significant personal insights. ​

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• Private.  Unlike the decisions and reasoning of courts, arbitrators and tribunals, mediation agreements are not published for the public, nor are any details of the discussions that lead to those agreements.   ​

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• Economical.  The total cost of mediation is significantly less expensive than litigation, and the cost is typically shared between the parties, reducing it even further.  Even if the challenge is not one that is headed for the courts, the cost of doing nothing is often too high to bear.  Mediating conflict sooner, rather than later, saves time and energy spent managing ongoing conflict, which can be extensive and involve multiple people, and the negative consequences of the conflict on the participants and on others around them.  The price of mediation also includes resources and conflict coaching which are meant to assist the participants to avoid and resolve future conflicts.