What is the role of a Mediator?
A mediator is someone who is an impartial person who’s role is to structure the process and guide communication between those involved.
The mediator assists them in negotiating a resolution of their issues using honest and open discussions. No decision is imposed by the mediator and they do not provide legal advice.
No matter if it’s one-on-one conflict coaching, facilitated conversations or formal mediation sessions, as a mediator I’m always impartial. It allows me to keep the conversation focused on problem solving instead.
It’s my job to keep the conversation focused, productive and kind. Because when people are heated, this is hard to do on their own.
What is the participant's role?
The role of the participants is to arrive prepared and open to the mediation. They will need to be willing to have an effective conversation with the other person, to be clear about their needs and concerns, and to be open to listening to the other side. The goal is to work together to come up with practical solutions that both sides agree on.
The participants should bring any relevent documents or requested information.
Do I have to participate?
Mediation is voluntary, you cannot be forced to mediate an agreement.
If you are involved in a litigation, the court may send you to mediation but you are not forced to agree to a mediated resolution.
If you are sent to mediation, or conflict coaching from your employer, you must attend but the mediator will still not force an agreement uppon you.
Where will my sessions take place and when?
Your sessions may take place anywhere that is an agreed upon neutral location. I
t is important that everyone feel comfortable, and safe in whatever location is used.
At Empowered Results, we work with clients to determine location and times based on participant availability. It may take place during the day or evening and if required, a weekend.
During COVID-19 most sessions are conducted online.
Who pays and what costs are involved?
Costs are generally based on an hourly fee that the mediator will discuss with you in advance.
Any additional disbursements such as room rental for the session will be added on top of the hourly rate and discussed in advance when planning the session.
The usual practice is for both/all parties to pay equally for the mediation. The hourly rate and disbursements are split between those involved.
On occasion, one party may pay the whole fee if it has been agreed upon by all parties. By sharing the cost of the mediation, no participant feels that the mediator is ‘working’ for the other side.
If you are sent to conflict coaching or mediation from your employer, they will be responsible for costs.
Do you offer guarantees?
Mediation is a highly successful and flexible process, which leads to most mediation cases being settled.
I will work hard to assist, but there is no guarantee of success. Success depends on the commitment of both sides to finding a solution.
If you find a mediator who guarantees success, they will be more invested in an agreement. This may effect their ability to remain impartial during the process. You may end up feeling pushed into agreeing to something, simply to support their claim of a guarantee.
One thing I will promise, is that you’ll come out of the session with more information and a better understanding of the conflict.
What if I want to stop the process?
You can. Because mediation is voluntary you have the option of stopping the process.
Cancellations and withdrawal from the process will be outlined in your agreement.
If you have been sent to by your employer, you may need to explain why you aren’t moving gorward and what your plan is to replace the sessions. They might still require you to attend as a part of your empoyment agreement.
Do I need a lawyer?
It really depends on what the situation is.
It’s always wise to seek independent legal advice and the mediator will encourage you to do so if needed. However it is not necessary to retain a lawyer to attend a mediation session. Lawyers can attend if both sides agree to their presence. A mediator will not provide legal advice.
Who will know the details of my session?
Confidentiality is such an important concerstone of conflict resolution. People need to feel safe to be open and honest and vulnerable.
Both sides will be directed to keep what is discussed confidential.
My session notes are destroyed after we’re done, and I will not share anything that was dicussed without your permission.
If you are working with me because your employer sent you, we will work together for you to understand what information they will be given, such as if an agreement was reached, what you need from them to complete your agreement.
Forget about conflict resolution, who took your awesome photos?
Integity is important to me. Not a single image used on this webpage has been taken from google, or used without rights.
All of my photos on this site and used in my social media are from Trina Turl. She’s incredible!
You can learn more about here at www.trinaphoto.com