Return to Clear Resolve Home Page © Clear Resolve
Mediation - description and case studies
Why: Conflict between individuals or within groups is an experience common to all of us. It can be costly and damaging to relationships and to the achievement of goals, however it can also present valuable opportunities for growth and change. Mediation provides an excellent opportunity to deal with conflict constructively.
What: Mediations are facilitated negotiations. Individuals or the members of a group get together with a third party and work together to understand the key interests of the all parties and then to work together on the common problem of best satisfying everyone.
How: The mediator generally meets with all parties separately as a first step. These are important meetings where people give an overview of their interests and concerns. The mediator in turn can explain the process, model the communication skills required for success and strongly encourage the party to prepare to communicate in a new way and bring a positive spirit and effort to the mediation. Once these meetings are complete, facilitated mediation meetings are scheduled and held with all parties and the mediator together. The process basically follows three steps:
1) Parties express their interests and anything important about their situation. The mediator helps ensure everyone has a chance to get everything important on the table.
2) Facilitated communication between parties on main interests. The mediator helps to get the parties speaking directly to each other and listening to each other on what is important.
3) Cooperative problem solving. The mediator assists the parties in working together to best satisfy all interests.
Case Study 1 - Workplace, Community Drop-In Centre
The Challenge: A Toronto drop in centre requested a mediation between an employee, and the employee’s two managers. There were various concerns around performance, management methods, stress and centre objectives.
The Response: The mediator met with all 3 participants separately in case development meetings. These meetings allowed the mediator to inform the parties about the process and it allowed them to begin telling their story and to work on how to do that in a way that would be helpful in the mediation session. A mediation was held with the mediator and all three participants. The parties heard each other on the issues of most importance.
The Results: The parties worked cooperatively together with the help of the mediator to come up with 10 specific actions aimed at moving forward in a positive way.
Mediation Case Study 2 - Community, Neighbours
The Challenge: Two couples living above one another in a townhouse requested a mediation. Their relationship included a lot of conflict including name calling, police involvement and concerns over safety . Both couples had been forced to expend a lot of energy worrying about the conflict or angry about it. Stress levels were very high. Incorrect assumptions about each other’s motives were common.
The Response: The mediators held case development meetings with each couple separately. At these meetings the couples strongly expressed their concerns about the other couple and the situation. The mediators demonstrated that they heard and understood the parties concerns and strongly encouraged the parties to mediate the conflict. The mediators then held a second round of case development meetings to offer communications skills training to the parties. These meetings were very successful at getting the parties to accept ownership of process and to be prepared to do their best.
The Results: The mediation was held with both couples and the mediators together and the results were very positive. After getting the parties to begin telling their stories, they started to speak to each other, recognizing each other’s concerns and correcting faulty assumptions. They also each expressed regret for their past behaviour and a desire to move forward as good neighbours.
______________________________________________________________________________________
Clear Resolve
tel: 416-406-2244 email: info@ClearResolve.com
web: www.ClearResolve.com
95 Leslie Street, Toronto ON M4M 3C6