Business Therapy: Making Relationships Work

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Overview 

Mediation is a structured process led by an impartial professional to guide individuals in conflict to their own solutions.  Mediation is neither therapy nor a "day in court." Rather, mediation provides a safe environment for the parties to air their differences and reach a mutually agreeable resolution.  When individuals in conflict reach their own solutions, they are more likely to stick by their decisions.

Explanation

Mediation is an informal process where an impartial third party helps disputing parties to find mutually satisfactory solutions to their differences. Mediation can resolve disputes quickly and satisfactorily, without the expense and delay of formal investigation and litigation.

Mediation proceedings are confidential and voluntary for all parties. Mediation typically involves one or more meetings between the disputing parties and the mediator. It may also involve one or more confidential sessions between individual parties and the mediator.

Mediation is neither therapy nor a "day in court." Rather, mediation should provide a safe environment for the parties to air their differences and reach a mutually agreeable resolution. Mediators are NOT judges. Their role is to manage the process through which parties resolve their conflict, not to decide how the conflict should be resolved. They do this by assuring the fairness of the mediation process, facilitating communication, and maintaining the balance of power between the parties.


 
 What you can expect

Representation by an attorney is permitted, but not required, in mediation. While mediators may not give legal advice or interpret the law, they will refer parties to impartial outside experts within the disability and legal communities when questions or issues needing clarification arise.

A successful mediation results in a binding agreement between the parties. If mediation is unsuccessful and an agreement cannot be reached, parties may still pursue all legal remedies provided under the laws of their state, including private lawsuitsrovided under the laws of their state, including private lawsuits.

Laura White, LPC, CEAP, has over twenty years of experience working as an EAP counselor.  She is certified as a Rule 31 family mediator and in the state of Tennessee.  She has worked with organizations to resolve conflict between employees and work groups.