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What Is Mediation? (2020 Update)

Live Stream Replay

by Dave Hilton in LIVE Stream Replays

Did you have a meeting with someone in HR, an ombudsman, a therapist/counselor or an attorney and they recommended you use MEDIATION to resolve a conflict, dispute, or other problem with your boss, coworker, client or someone else at work?

And now you just want to know – what in the world is MEDIATION?

This Resolution Stream video’s gonna answer that question for you.

Hi, my name is Dave Hilton – I am a Mediator, Conflict Resolution Consultant, Coach & Trainer – and I help small business owners, entrepreneurs & other ambitious professionals learn the ESSENTIAL Negotiation, Conflict Resolution, Communication & Leadership skills necessary to build successful careers and develop high-performance teams.

We’ll start with a simple definition of Mediation:

At its core – Mediation is – an informal discussion where an impartial person – known as a Mediator – uses a structured process to help you reach an agreement with someone else.

Mediation is a form of Alternative Dispute Resolution – also known as ADR.

Mediation is a form of Conflict Communication and is located on the left hand side of the Conflict Continuum.

Mediation is Confidential (with a few exceptions).

Mediation is usually Voluntary (could be court ordered) and it gives YOU control of the outcome.

Mediation is typically Faster & Costs less than Arbitration & Litigation.

Mediation is Balanced and Fair to everyone involved.

It’s important that you don’t confuse Mediation with Meditation, a lot of people do, because the spelling is so similar. Even though a successful Mediation can help you achieve a certain kind of mental and physical peace, they’re not the same thing.

Another misconception about Mediation is – who makes the decisions. In court, a judge decides who wins and who loses…but a Mediator is NOT a judge.

Mediators do not make the decisions…you and the other people involved — usually called “the Parties” during the Mediation — make the decisions. Also, Mediators do not take sides, they’re there to help guide you through the Mediation process.

Think of it this way – a Mediator is kind of like a HUMAN GPS. But, instead of helping you navigate confusing roads, avoid construction delays and bypass accidents to find the best route to your final destination…a Mediator uses their special skills, training and knowledge to help you navigate through a conflict, assist you during difficult conversations and bypass misunderstandings to find multiple routes to the Mediation’s final destination – which, hopefully, is an agreement or understanding that resolves or manages the original conflict.

If you decide you don’t like the way the conversation is going during a Mediation…you can stop and choose to take the discussion in a different direction or focus on issues you don’t feel have been addressed yet.

Just like the GPS on your phone or car automatically updates to help you find an alternative route – a good Mediator automatically adapts during the Mediation to help you identify alternative ways to reach a possible agreement.

Wondering how long a Mediation takes? It really depends on the type of conflict and other issues involved. Some Mediation sessions only last a few hours before a settlement is reached. Others can last several days or even weeks. And, there are some cases where, no matter how hard you try, you don’t end up with a suitable agreement.

Mediation is worth the effort. Most studies report the settlement rate for workplace & commercial mediation is typically between 70%-90%. For example, the EEOC reported they resolved 71% of their cases using mediation in 2019. The Financial Industry Regulatory Authority (FINRA) reported 89% of their cases were settled using Mediation the same year.

I’d say that’s pretty effective!

You may have other questions about Mediation – I will answer those in future videos.

Way to go! You made it through the video. Which means, you now know what Mediation is.

If you want help preparing for a Mediation, need to hire a Workplace or Commercial Mediator or you’re ready to learn more essential Negotiation & Conflict Resolution skills – schedule a 30 minute strategy call with me today.