Mediation

What is mediation? Why use it?

Mediation is an opportunity to talk together with a third party. Mediation can help you sort through issues, discuss, and search for solutions that can help to strengthen your relationship with the other party so you can resolve issues on your own in the future.

Mediation is designed to be a voluntary process. The role of the mediator is more or less that of a facilitator, trying to ensure that both (all) parties have an opportunity to be heard and understood. The mediator's role is to facilitate your interaction with the other party (ies). Mediators do not take sides, they stay neutral and impartial. Mediators do not have the authority to decide the outcome of your issue; their job is to assist the parties in listening to each other, look for areas of common ground, make suggestions to build on the interests of all concerned and write down any agreements made by the parties.

There are many styles of mediation on a continuum from highly directive to highly facilitative depending in the training of the mediator. Mediators are bound to confidentiality and cannot be asked to share notes or testify on the matters discussed in a mediation session. Mediator qualifications are determined by each state.

Mediation is an alternative to litigation. Courts have a list of approved mediators for their jurisdiction; agreements reached and submitted to the court by approved mediators are usually considered a satisfactory mutually agreed upon solution. When mediation is used in addition to or instead of adversarial litigation, there can be tremendous savings of time, money, and emotional wear and tear.

 Conflict Analysis: Workplace

Conflict happens every day everywhere. Even the most productive and positive of workplaces experience it. In many ways, conflict can be good if it is managed well.

Conflicts at work can resemble the tip of the iceberg. Often the surface conflicts are known, but the underlying issues are not apparent. We can take care of what is on the surface, but getting to those deeper issues is harder... those are often hidden, far in the distant past, cloudy and unclear. Effective conflict management becomes a process of traveling behind the surface complaints to discover the foundations and history.

The best way to discover and work through a conflict is through open dialog in an environment where everyone feels free to share. It takes a work climate where "mistakes" are valued and people are encouraged to takes risks, try new ideas and share information.

 Workplace Conflict is Normal and Can be Productive

 Conflict need not be destructive; it can be approached as a
    bridge to individual growth and beneficial organizational
    changes

 Conflict helps to avert “GroupThink”

 Can increase group cohesion and trust

 Lead to more effective organizational performance, increased     motivation and productivity in group settings

 Stimulate the search for new ideas and creative solutions

 The Process for Managing and Transforming Conflicts at Work

1. Become aware of (recognize) a conflict

2. Diagnose its nature (values, goals, needs)

3. Use an appropriate method to diffuse the emotional energy

4. Help the disputing people understand and resolve their     differences.

 Conflict Analysis: System Design

Often there is a need for a process to be put in place to resolve complaints or grievances that arise in a group settings. Perhaps there is a need for customer or client complaint procedures, or perhaps employee grievance procedures, or maybe an issue between partners needs to be resolved. It is wise to develop a system and set of procedures to be used to resolve conflict issues before they manifest.

A dispute resolution system might be designed to have a form and process for community complaints (consumers, customers, clients, service recipients) at one level. At a different level, the system should address employee grievance procedures with accompanying forms and instructions. At the administrative and executive level, the process should include impasse procedures in case two governing bodies cannot reach an agreement.

 The Mediation Process

We conduct mediations when the parties are present with the mediator in a face to face mediation session, and also remotely when one or both parties are separated by distance. The format and mediation process is the same for both types, but the technology differs for Distance or Online Mediation.

When parties contact us to request a mediation, we collect some intake information from both parties without getting into the actual conflict situation. This may be done by phone or e-mail. When the parties understand the fees and process for the mediation, a mutually agreeable time is decided. Information is sent to both parties to confirm the time and location for the face to face or remote mediation. We usually set aside two hours for the first session and can schedule additional sessions as needed.

When the mediation begins, we explain the process and ask the parties to sign a consent to mediate. We also show the form we use for writing agreements, and answer any questions either party may have.

Both parties tell their side of the story uninterrupted, with questions and comments shared by the other party at the conclusion. We all look for areas of mutual interest and try to find solutions that are satisfactory to both parties. If we are able to build an agreement on all of the issues or even a few of the issues, we write those agreements and both parties sign it.

If the matter is in court, a copy of the agreement is presented to both attorneys for presentation to the court and request for court ratification.

 Distance, Online, or Remote Mediation

There are a few options for conducting a mediation remotely. For those who are comfortable with text messaging and instant chat, we have web conferencing and online meeting space available where the parties and mediator connect together on the web at the appointed time. With this option we would use telephone or e-mail between mediator and yourself to collect the necessary information upfront, and we would rely on the synchronous chat to conduct the mediation. A “private message” option is available for information that a party does not wish to make publicly or prefers the other party does not receive.

A second option for remote mediation is the use of teleconferencing, where all parties meet via telephone at the appointed time. This method requires that information is shared in advance by either telephone, e-mail or snail mail. Advantages are for those who are unfamiliar with or inexperienced with computer chatting.

We have found both methods to work effectively and save time and expense of traveling to a location when the parties are separated by distance.

 Group Conferencing

There are some situations that are not suitable for a traditional mediation. Sometimes there may be many "stakeholders" involved that want to be part of the decision or solution. Other times, one or both of the parties are unable to mediate due to past history between the parties, control issues, psychological issues, or perhaps simply difficulty being respectful and listening to the other party. When mediation is deemed to be unsuitable, but the parties would like to attempt to work out some issues, reconcile some past wrongdoing, or set up a plan of action for the future a group conferencing session can be used instead of the two-party mediation model.

In group conferencing, the facilitator invites all stakeholders to put their concerns and interests on the table for consideration in a group decision making process. Like mediation, the facilitator would remain neutral and maintain confidentiality about the process and the issues discussed.

You may not see it now, but whatever you do affects every- thing and everyone else, if even in the tiniest way. Why, when a housefly flaps it’s wings, a breeze goes round the world; when a speck of dust falls to the ground, the entire planet weighs a little bit more; and when you stamp your foot, the earth moves slightly off its course. Whenever you laugh, gladness spreads like the ripples in a pond; and whenever you’re sad, no one anywhere can be really happy. And it’s much the same thing with knowledge, for whenever you learn something new, the whole world becomes that much richer.

Norton Juster
The Phantom Tollbooth

Mediator Qualifications for Dr. Anita Vestal (2006)

Ph.D. Conflict Analysis & Resolution, Nova Southeastern University Residential Ph.D. Program.

The following courses were taken as part of a four year, full time, residential program of 82 graduate credit hours. These four courses consisted of 40 seat hours each and included theory and skills practice of mediation and other conflict resolution methods: Human Factors (ADRD 5040), Mediation Theory & Practice (ADRD 5100), Facilitation Theory & Practice (ADRD 6140), Negotiation Theory & Practice (ADRD 5140)

Additional Mediation Training Received:

TDFPS/CPS/CJA Mediation Training, 24 hours, Harris County (Texas) Dispute Resolution Center, 2006
VOICES Family Violence Mediation Project, Ft. Lauderdale, FL 1999
Mediation and Arbitration Training for Professionals in Central America (Conducted in Spanish), Academy of Dispute Resolution, Ft. Lauderdale, FL, 1998
Workshops at SPIDR, NCPCR, ACR National Conferences, Pennsylvania Bar Institute, Association of Broward Co. Mediators, Florida Dispute Resolution Center, Mediation Center for Conflict Resolution, Texas Association for Mediators 1997-present

Mediation Articles Authored:

Vestal, A. (1997) "Perspectives on Parental Alienation, Child Custody and Dispute Resolution Systems" Published at website of American Bar Association Section on Dispute Resolution, www.fact.on.ca/Info/pas/vestal.htm. Also published in Practical Dispute Resolution, 1 (2):46 –55

Vestal, A. (1999) “Mediation and the Parental Alienation Syndrome: Considerations for an Intervention Model" Family and Conciliation Courts Review, 37 (4): 487- 503. Also published at various sites on the internet.

Vestal, A. (1998) "Mediating Custody When the Child Despises Dad (or Mom)" Selected as second place winner of the student essay contest of the Association of Broward County Mediators Vestal, A & Tatter, M. (in progress) "The Intersection of Mediation and Appreciative Inquiry", Submitted for presentation at AFCC Conference in Tampa, 2006

Mediation and Conflict Resolution Courses Developed and Taught: Sullivan University. Distance Masters course (DRC 530) in Family Mediation.

Eastern Mennonite University. Masters courses: (EDSP685/691) Developing Proactive Responses to Violence and (PAX 519) Managing Conflict in a Diverse Workplace.

Nova Southeastern Univ. Distance Ph.D. program in Conflict Analysis and Resolution. Courses taught online include CARD/CARM 6170 Violence Prevention and Intervention; CARD 7000 Doctoral Seminar , CARD 6614 Conflict Resolution Workshop Development, CARM/D 5100 Mediation Theory & Practice

Speaker for Austin Assn of Mediators, Univ of Texas Dispute Resolution Program, Women’s Health Fair of York PA and many other groups

Mediation/Arbitration Professional Experience:

Dispute Resolution Centers of Travis, Bexar, Harris counties, Texas (Justice of the Peace and CPS cases)
York County (PA) Civil Court Custody Mediator – Court appointed
USDA Rural Development
National Association of Securities Dealers (NASD)
National Mediation (www.nationalmediation.com)
Private Individuals
Private Organizations (Employee-related and Client-related)
Online and Distance Dispute Resolution services when parties are not able to be present

Other: President, Board of Directors of Mediation Services for Conflict Resolution, York, 2002;
Member of ACR, Texas Association of Mediators, Austin Assn of Mediators,