Mediation Services
What is mediation?
Mediation is a voluntary process in which two or more parties involved in a dispute work with an impartial party, the mediator, to generate their own solutions to resolve their conflict.
Mediation saves you money
When an employee leaves their job because of ongoing conflict, the organization not only loses the person’s institutional knowledge, but the cost of rehiring and training a new person is high.
According to the Society for Human Resource Management, in 2024 the average cost of hiring and onboarding a new employee is $4700. Even worse, the cost of defending an employment lawsuit can be staggering.
Depending on the locale and the complexity of the claim, the cost of legal defense can range from tens of thousands to hundreds of thousands of dollars.
Try mediation before things escalate too much
Situations Where Mediation Can Help
- Family: Co-Parenting, Family Business, Estate
- Workplace: Problematic team dynamics, Employee-Employee tensions, Employee-Management challenges
- School: Teacher-Administrator, Teacher-Teacher, Families-Administration
- Community: Neighborhood conflicts, Disputes within HOA or Condo Associations, Conflict within faith-based organizations, Lack of understanding between people from different faith communities, Disconnect between local elected officials and constituents
How it works
Assess
Assess and map the conflict through interviews and surveys
- Identify stakeholders
- Investigate the history of the issue
- Why is the conversation stuck?
- Is this conflict appropriate for mediation?
Design
Design the intervention based on assessment of the conflict
Mediate
In-person or virtual session with Mediator and relevant parties
- Goal is to resolve conflict with a win-win solution
- 2-4 hours (on average)
In the Room Where it Happens
- Introductions & Conversation Norms
- Parties share perspectives and listen to understand each other
- Identify Issues to resolve
- Inquiry to uncover underlying needs and interests
- Brainstorm options that might satisfy both parties
- Evaluate options
- Decide on a resolution, if available
Guiding Principles in the Mediation Session
- Mediation is a collaborative, non-adversarial process
- Confidential discussion
- Parties must come to problem-solve in good faith
- Parties share honestly and listen to understand
- Emotions are part of the process, but are expressed respectfully
- The mediator is a neutral facilitator who does not decide outcomes. Parties co-create solutions. The goal is to create a win-win solution.
Mediation Scenarios
Problem
An employee and supervisor at Company ABC are referred to mediation as a first step in the grievance process after the employee alleges discrimination based on race. The employee was recently called into HR to discuss his underperformance. He makes a complaint to HR in which he alleges that he is performing as well as anyone in his department, but the supervisor is holding him to a different standard because of her racial prejudice.
Solution
In mediation, the employee and supervisor are asked to really listen to each other’s viewpoints. The employee learns more about what the supervisor expects from him and the others. He hears how much pressure the supervisor is receiving from her boss to increase productivity. While no details are released, the employee learns that he is not the only one who is being asked to make improvements. The supervisor learns that some of her assumptions about the employee are wrong. He seems to care deeply about doing his best work. It becomes apparent that he needs additional training in certain areas and more regular feedback, both positive and constructive, from the supervisor. A deal is struck whereby the employee agrees to make certain changes in his work patterns while the supervisor agrees to alter her communication style and send him for additional training. The issue of race never really comes up in the mediation.
Problem
The Williams Family and the Johnson Family live next door to each other. The Williams are empty nesters and live a very quiet life. The Johnsons have three teenage kids, and their house is noisy and active with people constantly coming and going. The Williams become increasingly resentful of the noise and what they perceive to be a lack of consideration. When the 16-year-old son in the Johnson Family has a party one night, it is just too much for the Williams to handle. A heated argument ensues between members of the two families and mediation is suggested by the HOA.
Solution
In mediation, the adults from both families have an opportunity to share their concerns and listen to the other side. In the end, both families acknowledge that they played a role in the conflict. They agree to more open and honest communication and quiet hours. Subsequent to the mediation, the Johnson’s teenage children will sit with the older couple to hear how the noise levels and constant commotion are impacting the Williams couple’s well-being.
Problem
The Smiths have been divorced for three years. As part of the divorce, they received joint custody of their two kids, aged 9 and 12, and they wrote a comprehensive parenting agreement. While they are not friends, they have done a good job of co-parenting their children. They both care deeply about the kids and want what is best for them. Now, they have run into a problem they cannot resolve on their own. Their daughter, who attends the neighborhood public middle school, is not doing well in school. She used to have a close group of friends, but has been largely ostracized by them. She is so upset about her social situation that it is impacting her academic performance. She never wants to go to school, and she is not doing her work. The Mom wants to pull her from school and enroll her in a nearby private school. The Dad supports public education and feels this is a drastic solution. Further, the private school is expensive, and he does not feel like they have the money to send her. Both parents are becoming increasingly frustrated, and their daughter continues to struggle.
Solution
The Smiths chose mediation as a place to talk through their differences while centering the best interests of their daughter. After brainstorming and evaluating many options, the Smiths decided on a two-pronged approach. Their daughter would switch classes for the remainder of the year, and the Smiths would speak with some of the other girls’ parents to explain what is happening. If this approach doesn’t work, they will apply to the private school for the following Fall and they have agreed upon a cost sharing approach, which involves some money from the grandparents, that feels sustainable. They have also agreed upon a therapist who will work with their daughter and advise them about whether to move her to the private school.