Mediation

Mediation is a collaborative way to work through conflict.

It gives participants the opportunity to solve their conflict by voicing their concerns, gaining understanding of one another, and coming up with their own solutions. It an alternative to more adversarial dispute resolution processes (like investigations or lawsuits), and the conversation is guided by a skilled, neutral third party (the mediator), whose job is to:

• Manage the mediation process

• Reduce the obstacles to communication

• Facilitate understanding 

• Keep the conversation focused and productive

Mediation is not legally binding, however the mediator can provide a written summary of any agreements that were reached, which can then be used to create a formal, binding agreement if necessary.

Confidentiality

Your mediator swore an oath of confidentiality - this means that everything discussed in mediation will not be shared with any outside parties by your mediator. You also have control over the level of confidentiality that you want to have as a participant - part of the mediation process is facilitating a conversation around this so everyone at the table is clear on who will be sharing what, and with whom. This is different than, for example, a court process where the court transcripts are public record, or a formal investigation, where findings may need to be reported.

Mediation is also considered to be “without prejudice” (off-the-record), meaning that what is discussed in mediation will not be admissible in further proceedings as evidence.

Self-Determination

You have input into and control over the outcome of your mediation. Your mediator does not judge or provide an opinion on the best resolution - the participants are the experts in their lives and are best suited to decide how to move forward collaboratively.

Outcomes of mediation can be creative and will meet the needs of the parties. The mediator helps to uncover what those needs are and facilitate understanding, and the participants are the decision-makers. 

Efficiency

In mediation, you sit down with the person you need to talk to to resolve the challenges at hand. There is no back-and-forth, and little room for misunderstanding because the right people are at the table. 

There is also no long wait time for a court date - we can begin the mediation process right away. Conflict weighs heavy on us, and with mediation, you can find resolution faster and get that weight off your shoulders.

Cost-Effectiveness

Mediation is cost-effective in a couple of ways. Not only is the hourly rate roughly half of that of a lawyer, you also only need one mediator to facilitate a conversation. Lastly, because it is a more efficient process, less billable hours are needed than more adversarial dispute resolution processes.

Workplace Mediation

Workplace conflict is costly. It includes things like gossip (“toxic work environment”),  interpersonal conflict, and inefficiencies. Cues that a workplace is experiencing conflict includes more than just an incident -  excessive sick days, lack of productivity, grievances, and stress leave are indicators as well. It can result from a miscommunication between colleagues, a breakdown of communication within a team, or even weak corporate culture. 

Mediation can help by:

1. Addressing conflict between specific team members to improve their working relationships

2. Supporting teams going through change and transition

3. Optimizing an entire team through supported dialogue by creating an understanding of values, identifying strengths and areas for improvement, and coming up with a plan of how to move forward together

DID YOU KNOW?

One study found that it costs 162% of someone’s salary to replace them (hiring process, training, lost productivity). Bringing in a mediator is much more cost-effective!

Community Mediation

Recreation is a big part of our lives. Many of us belong to larger groups that we share a passion with – whether that be a sports team, a club, a studio, or an association.  Within those groups, challenges come up between members, players, coaches, parents, fans, and referees. Some examples of topics we can help you navigate through are:

• Coaching styles

• Fees and finances

• Rules

• Direction/goals/strategy

• Communication

• Roles and responsibilities

• Safe play/practices

Community mediation also includes work with boards and non-profits. Sometimes it can be difficult to get everyone on the same page and navigate through challenging conversations. We can help these conversations stay collaborative and productive so that you can focus on what matters most – the cause!

Sometimes meeting face-to-face isn't possible (for example, parties who need to participate live in different cities, or health restrictions prevent it), and yet the conversation needs happen so that everyone can begin moving forward. ODR utilizes video conferencing technology to host the mediation and conduct the same processes as described above.