Tag Archives: Dispute Resolution

Six Reasons To Choose Mediation To Resolve Your Dispute On Separation.

There are a number reasons why people turn to mediation to  resolve disputes.

Mediation is a way of reaching resolution of a problem with the minimum of confrontation and hostility and without the ill feeling and hurt that can often follow a court case which, by its very nature, will result in a winner and a loser.

Mediation helps parties to come to an agreement in a neutral setting.

Civil and commercial mediation generally begins with all parties in the same room and, because communication is direct rather than through solicitors’ letters, this encourages understanding and cooperation. Smaller sessions may also be appropriate. Family mediation begins with individual sessions but soon moves on to joint meetings where issues can be explored and solutions identified.

Mediation discourages confrontation and promotes cooperation by focusing on the shared nature of the problem, rather than the entrenched positions into which parties may have settled. This can be absolutely vital if there will be an enduring relationship between the parties after the dispute at hand has been resolved – for example, in family and neighbourhood disputes or those between employee and employer or student and school.

Below are six reasons to choose mediation to resolve your dispute on separation.

1. Cost
Mediation costs a fraction of the amount of a court case. In civil mediation the costs are agreed in advance by all parties and are based on the estimated length of the mediation session and whether facilities are to be provided. These costs are split between the participants, generally half each. Family mediation is a little less predictable, but generally speaking all the issues have been resolved within 5 or 6 sessions, often fewer.

2. Speed
Everyone who is familiar with the courts or reads the newspapers regularly will know that legal cases take an incredible amount of time to come to trial. Mediation is arranged at the mutual convenience of participants and is invariably much quicker.

3. Time
The wait for a court date is a long one. The courts are extremely busy and it can be months between hearings. Your lives are left on hold pending a further court date. In addition, in a children case, if you need a CAFCASS report http://www.cafcass.gov.uk/ they can take 16+ weeks. Reports from other experts can take as long, if not longer.

4.Court proceedings are stressful. The nature of the process is adversarial. Correspondence is frequent, there is much documentation. Few relish the prospect of being cross-examined by experienced counsel.
Perhaps the final benefit of mediation is its cost in comparison to litigation. Legal action is very expensive and the higher in the legal process the case proceeds, the bigger the bill.

5.Control over the situation

You decide the issues you want to talk about and the priority. You are able to make offers and suggest proposals for agreement which are without prejudice – if the mediation fails, the Judge won’t know the concessions you were prepared to make to reach an agreement in mediation. You can take a break if the mediation gets too much and step out of the meeting. You decide how many meetings you need to have, and when. Ultimately, an agreement reached is one decided by you, with the concessions you are prepared to make.

With Court, the Judge, who doesn’t know you, your children, your ex – decides the future for your family.

6, Less confrontational
The mediation process tends to be less confrontational and less antagonistic than the alternatives. That is the best to resort to solve dipute matters with dignity.

Contact Brav,for further details. We’re here to help you out.

#Infographic – Indicators of Effective #Mediation

Mediation is often assessed in terms of single factor only: whether involved parties reached settlement or not, irrespective of the way in which it was steered or the quality of the outcome. While effectiveness of outcome is obviously important, there is wider range of indicators of a competent and effective mediation.

 

 

Feature Image Source: here

Attributes of a Good Mediator

There is no formula for figuring out who the “best” mediators are – there is no governing body that determines minimal qualifications for a professional mediator. Even if there were, education and training don’t guarantee competence, because a “good” mediator also possesses certain internal attributes that aren’t necessarily learned in a classroom. They just simply can’t be learned in a classroom. They are internal traits which are either inherent or learnt from one’s own environment.
This article lists external and internal attributes that the most effective mediators possess.

External attributes

Mediators in the United States are not required to meet a uniform standard of education or training for beginning to practice mediation; each state has its own requirements, or, in many cases, none at all. It depends from situation to situation and place to place.
For this reason, it can be difficult to evaluate the qualifications of a potential mediator. We recommend paying particular attention to the following external attributes of mediators you are considering to hire:

Training/Education

How much training has the mediator received?

Was any of the training specific to a certain area of practice (e.g., family, landlord/tenant)?

How recently was the mediator trained? Do they attend refresher courses and keep up on current mediation techniques?

Where was the training conducted?

Does the mediator have a degree in dispute resolution or a related field? If so, from where (e.g. online, law school, university)?

These questions do held relevance, even though just a degree is not enough to know the competence of a mediator.

Certified or certificated? (If required in your state)

Is the mediator actually certified or certificated?

What organization issued the certificate?

What are the requirements of that certificate?

When was the certificate earned?

This will let you know the ‘value’ of you mediator, and will give you a fair abour his or her skills.

Experience

For how long has this mediator been in practice? Full-time or part-time?

How many mediations has this mediator conducted, and how many were similar to yours?

Does this mediator specialize in the area of your particular dispute?

This one is important. More the experience, more the tact. Experienced mediators often have higher success rates than the ones who are not that experienced.

Professional memberships

Does this mediator belong to an organization requiring adherence to certain standards?

Does this mediator serve on the board of any relevant organizations?

This again gives an idea about the standing and influence of a mediator.

Philosophy and approach

What philosophy does this mediator apply to their work? Do they describe their work as facilitative, transformative, and/or evaluative? Take note of how the mediator describes their process, then consider what that would look like when applied to your case.

What kind of interaction with disputants does the mediator like to have?

Fees

Are fees charged by the session, by the hour, by the case?

What is included in these fees?

This one is also  important and should be decided beforehand so there are no disputes about it afterwards.

Internal attributes

What about the things that can’t be listed on a profile page? There are five ways to know about the competency skills which cannot be presented on the paper:

Investigative

Effective mediators are able to quickly identify relevant information. They ask questions to gain an understanding of both the facts of the case and of parties’ underlying interests and motivations. This investigation helps them in understanding and resolving the case.

Empathetic

Mediators should handle the knowledge of parties’ underlying interests with empathy and consideration. They are willing to ask emotionally difficult questions and do so in an unbiased and respectful manner. A non empathic mediator has lower success rates.

Inventive and problem-solving

Effective mediators help disputants discover common ground and guide them toward mutual understanding from there; they are willing to be inventive with unusual situations. This will help you reach faster to a resolution.

Effective presenter

Verbal expressions, gestures, and eye contact are consistently and effectively used by good mediators to structure an environment in which disputants are willing to re-examine their positions. They maintain a safe and relatively calm atmosphere with confidence and communicative body language.

Capably manages interactions

Mediators should keep the parties on track and working toward the issues they have identified as central to their conflict, and call for breaks or private caucuses when needed. A good mediator knows when allowing tension to rise will be productive and when to effectively defuse tension. These tactics must demonstrate sensitivity to the disputants’ needs (e.g., emotional, cultural) and remain neutral.

After the mediation

After you select your mediator – and hopefully, settle your case – it’s time to help others consider this mediator for their own cases. A testimonial and/or recommendation of your mediator provides vital information for other people in conflict, particularly about the mediator’s internal attributes that can’t be seen on a profile page.
Additionally, a testimonial helps to spread the word that mediation is a quick, confidential, and cost-effective way to settle disputes out of court. A mediator should be selected very carefully and in no haste.

Exploring Mediation

Is going to court the best way out for any legal matter? Or, is there a better alternative? And how will the legal industry look like in the next 5 years?

Let’s find out in this special feature where Prerna Foundation and KyaBae come together, with our host, Parzaan Dastur interviewing Mr. Prathamesh D. Popat.

What if Conflicts were not Bad?

Very interesting TedxTalk on Conflict. It deals with the question: What if Conflicts were not Bad?

It talks about mediation without labeling it.

The important shift from trying to manage people with the conflict to ensuring there is a process in place that allows your parties to be vulnerable!

The video dates from 2015, but it gives some interesting perspectives for workplace conflicts. How do you deal with conflicts?