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Today,
collaborative mediation processes are being adopted with increasing frequency in
legal, governmental, business and family matters.
What is Mediation?
Mediation has been defined as "an informal
process in which a neutral party with no power to impose a resolution helps the
disputing parties try to reach a mutually acceptable agreement" (Bush &
Folger The Promise Of Mediation)
Mediation is a facilitative process. Through
mediation all parties are provided a means to assist in expressing emotions,
viewpoints, needs and wants. This process, when facilitated by trained
mediators, promotes positive solutions and maintains important relationships.
Who Needs Mediation?
Today in the work environment where employees are
responding and adapting to change on
a continuous basis, misunderstandings and emotions are on the rise.
Organizations today face conflicts over such areas as wrongful termination,
employee disputes, team conflicts, interdepartmental conflicts, poor performance
management and the problems brought on
by change.
AGTS can provide you with a trained mediator to
assist in resolving these challenges in a positive manner. The process
incorporates the following elements:
- Voluntary participation
by all parties.
- Collaborative approach
in an impartial, neutral and safe environment.
- Control: Each party
has complete decision-making power.
- Confidentiality:
Communication in mediation is treated with strict confidentiality.
Benefits of Mediation:
While mediation can not guarantee specific
results. The following are characteristic of the process.
- Economical decisions:
Mediation is generally less expensive when compared to litigation.
- Rapid settlements:
Mediation
is a timely way of resolving disputes.
- Mutually satisfactory outcomes:
Parities are generally more satisfied with solutions that have been mutually
agreed upon.
- High rate of compliance:
Parties who have reached their own agreement in mediation are also generally
more likely to follow through and comply with its terms than those whose
resolution has been imposed by a third party decision-maker.
- Preservation of an ongoing relationship or
termination of a relationship in a more amicable way:
A mediated settlement that addresses all parties’ interests can often
preserve a working relationship in ways that would not be possible in a
win/lose decision making procedure. Mediation can also make the termination of
a relationship more amicable.
- Workable, viable decisions:
Mediated settlements tend to hold up over time, and if a later dispute
results, the parties are more likely to utilize a cooperative forum of problem
solving to resolve their differences than to pursue and adversarial approach.
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