Mediation
Mediation is a process in which a trained mediator helps people communicate effectively, resolve conflict and build strong relationships. The mediator does not make decisions for people or impose a settlement. The parties themselves come to a mutual agreement in most cases or are better able to understand the position of the other and work toward a solution.
The process helps people change the quality of their interaction from negative and destructive to positive and constructive as they discuss and explore various areas of conflict and possibilities for resolution.
Mediation is confidential except for certain unusual exceptions, such as threats, abuse or fraud. A mediator will not disclose any aspect of a mediation without the consent of the parties. While mediation is generally not legally binding the parties may choose to enter into a memorandum of understanding to reflect their agreement.
When is mediation appropriate?
Mediation may be used whenever people need help to resolve a conflict, in whatever setting they find themselves. It may be appropriate in family, divorce or custody cases, for elder or health care issues, school based or neighborhood disputes, or landlord tenant problems, just to mention a few.
Mediation is used to help resolve disputes between parties in the sports arena, labor issues and between factions in countries or regions, as well as between businesses of all sizes. Because it is confidential, the public is not always aware of the process and its benefits, since mediation is often at work “behind the scenes”.
What are the benefits of mediation?
In addition to being confidential and therefore a private process, mediation is informal and takes into account the specific needs of the parties. While it often results in a settlement or resolution of most or all of the issues between the parties, it is a beneficial effort even if that does not happen.
The parties have had an opportunity to be heard and to hear, to understand and be understood and to transform their interactions in a productive way. The parties may be able to craft their own resolution to suit themselves in ways that other more formal processes, such as litigation or arbitration, are not able to do. Mediation is not a “you win, you lose” process, and may include such components as an apology, a change in systems or outlook, or a division of assets in ways not previously considered by the parties.
Are there different styles of mediation?
Although there is some variation in descriptions, there are generally three distinct styles of mediation. The style generally practiced by MCMC is called “transformative mediation”. It is based on the belief that people have the ability and the will to make their own decisions in mediation. It promotes the empowerment of the parties and their mutual recognition of positions. Conflict can produce powerful feelings such as anger, fear and defensiveness which may shut down communication. The role of the mediator is to clarify and support the parties in their conversation. All decisions, including what to talk about, how to talk about it, ground rules and the outcome, are in the hands of the parties.
Some mediators practice a style called “facilitative” which encourages the parties to craft their own agreement after discovering each others’ interests, but may include more involvement by the mediator. Still other mediators are “evaluative” or “directive” and assist the parties by suggesting resolutions or evaluating the merits of their positions. MCMC can tailor its mediation style to meet the needs of any specific situation.
Is there a difference between mediation and conflict resolution?
Mediation is a specific process in conflict resolution as already described. The phrase “conflict resolution” is also used to describe a more general approach to problem solving which may not include the rigorous training required to become a mediator. It also includes other forms of alternative (to litigation) dispute resolution, such as negotiation, facilitation and arbitration.
As an educational tool conflict resolution programs may be used to introduce the concept of mediation or other approaches that may be used in specific settings, such the workplace or institutions. “Conflict resolution” also includes such specialized programs as Youth Aid Panels (YAP) and Victim Offender Conferencing (VOC), both of which are forms of restorative justice offered by MCMC.
What are the costs of programs offered by MCMC?
MCMC is committed to providing affordable alternative dispute resolution services. Fees are determined by the type of case and the income of the parties and may be billed on a sliding scale basis. Please email or call our administrator for more information.
For more information about mediation in general, please check out our links.
If you have questions about the services offered by MCMC you may call us at 610-277-8909 or admin@MontcoMediation.org.
We also have links for you to download and send to us a Request for Mediation or to indicate your interest in becoming a Youth Aid Panel volunteer, or to sign up for mediation trainings offered throughout the year. We also encourage you to support us financially with your donation.
