What Helps Mediation to Succeed In Resolving a Dispute?
The Mediation Process Works Best When the Parties In Dispute Are Willing to Collaborate In Meaningful Discussions With a Genuine Intent to Resolve the Dispute. There Are Ten (10) Simple Rules That Help Significantly With the Mediation Process.
Appreciating the Ten (10) Simple Rules Within the Mediation Process
Mediation involves the facilitation of constructive discussion with an aim towards resolving the various issues in dispute as between the parties. The mediator, as a third-party, plays the role of a professionally trained objective guide in keeping the process aligned with the purpose of a healthy, solutions focused, dialogue. To maintain such an atmosphere, certain rules of expected of the parties.
Treat Each Other With Respect
Obtaining agreement, including compromise, within any negotiated dealings is unlikely when a person feels insulted or disrespected. Maintaining respect is crucial for a healthy atmostphere within the mediation process. Accordingly, a mediator will temporarily stop the mediation process to enable the parties to take a few moments to find a proper grounding and then to return to the mediation process if disrespectful conduct arises.
Refraining From Interruption
When emotions become heated, keeping patient and avoiding interruption can be challenging; however, avoiding interruption is necessary; and accordingly, part of the role of the mediator is to moderate the discussion and ensure that interruptions are avoided. The parties will be reminded to refrain from interrupting and to allow each person involved to speak fully. Each party will receive an opportunity to express thoughts, views, and concerns, during the mediation process. Interruption is annoying and disrespectful and interferes with the mediation process.
Focusing Upon Resolution
The parties within a dispute may, and likely are, frustrated with the conflict and feelings of anger and resentment; however, the resolution to a dispute is possible when the parties appreciate that a resolution to the dispute is better than a continuation of the dispute. Accordingly, focusing on the goal of resolving the dispute with a solutions oriented attitude rather than allowing a focus on anger is necessary.
Authority to Decide and Commit
The mediation process sometimes involves a business as a party to the dispute. In some circumstances, there may also be a representative or assistant, such as an interpreter, for a party within the dispute. For a successful mediation to occur, it is necessary that the person involved in the mediation to have the full authority to make binding decisions. The goal of the mediation process is to resolve the dispute and to establish an enforceable settlement agreement.
The mediation process involves, and requires, review of the issues in dispute including an appreciation for the genuine facts; and accordingly, factual positions should be supportable, and supported, with evidentiary documents such as invoices, receipts, contracts, financial statements, among other things. The mediator, and the parties, need to review the documents that accurately show the facts and can help to ensure that beliefs and views are reasonably based. Without the documents many issues may be difficult to resolve, leaving the parties to the dispute with conflicting positions and frustration to the mediation process.
Express Yourself By Asserting Your Needs
The mediation process also requires that the parties verbally assert desires and interests from the very beginning of the mediation. The parties must know what the interests and positions are. A successful outcome is difficult to achieve if discussions are without an aim and focus.
Build a Deal
The primary goal of the mediation process is to achieve a resolution of the issues in dispute; and accordingly, the parties must work towards making a deal that satisfies all involved. All parties must genuinely focus on achieving a resolution to the dispute. Without genuine focus and good faith towards the goal of resolution, the mediation process will end without a resolution.
Be Persuasive Without Aggression
For a successful mediation, the parties must engage in persuasive discussion with a position that is substantiated as mutually benefiting. The mediation process involves motivating rather than manipulating. As above, each party should clearly know what is desired while also wanting to arrive at a win-win solution; and accordingly, persuasive that is based on achieving the common goal of a resolution is necessary. This point returns to managing emotions by engaging in a constructive dialogue that respects the wants, needs, and desires, of all involved.
Be Solutions Oriented
To achieve a mediated resolution, an attitude of reconciliation is necessary so to enable a satisfying compromise with a focus on the possible solutions rather than focuses on the conflict. All parties involved must appreciate that a mediated settement with a compromised solution is better than ending without a settlement. Accordingly, all offers and ideas should be given due consideration without outright rejection or criticism. The negotiation process involves stepping stones.
Stay Calm and Remain Patient
Achieving a satisfying resolution requires patience and discussion; and accordingly, parties to the mediation must remain willing to listen openmindedly.