Back To Basics: Mediation @ Work

In the middle of difficulty lies opportunity

What IS mediation?

Mediation is a form of dispute resolution, meaning: If two people or businesses have a disagreement, a mediator will help them find a resolution. Mediation is typically categorized as a form of alternative dispute resolution. As in, mediation is an alternative to using lawyers and the legal system. So, instead of suing a person or company, a mediator can help people find a mutually acceptable resolution to their problem.

Bonus: Mediation is also quicker and cheaper than the courts.

The main ways in which mediation is different from using lawyers and judges are:

• Mediation is confidential. Courts are typically public.

• Mediation is voluntary. Courts generally impose consequences if a party does not show up.

• Mediation is all about self-determination - in other words, the parties create their own solutions. In a court, a judge decides for the parties.

• Mediators move people stuck in a conflict to a future-focused mindset to help them figure out their own best resolution.

  • When you work with a lawyer, their focus is on winning the case. And as lawyers, that typically means an outcome focused on money and/or your rights (think property ownership).

Types of mediation

At Chantilly Mediation and Facilitation, we provide facilitative mediation services. That means we will never give you our opinion on a case’s outcome. We provide truly neutral, process-focused mediation services.

Most importantly, we help every party at the table feel heard before moving forward to brainstorming resolutions and creating the final agreement.

Some mediators use a transformative approach - they are less process-focused. They emphasize conversational tools to support the people in conflict.

Other mediators use an evaluative approach - while they will typically follow a process similar to facilitative mediators, they offer the people in conflict their evaluation of what the best outcome would be.

So What?

Let’s face it: Even in the happiest workplaces, disagreements happen. When a disagreement is festering or escalating, bringing in a contract mediator is the best way to preserve the psychologically safe environment.

*Every state has their own regulations about mediation.