CONFLICT MANAGEMENT & MEDIATION

Conflict might escalate and lead to non-productive results, or conflict can be transformative and lead to quality final products. Therefore, learning to manage conflict is integral to a high-performance team.   Furthermore, new employment legislation gives statutory force to a code of “best practice” set out by ACAS (the advisory, conciliation and arbitration service) which includes guidance advocating mediation.  We can provide guidance, management solutions and transformative mediation services to solve your conflict issues. We offer fixed fees or easily-predictable costs, enquire for more information.

What is Mediation?

Mediation is a voluntary process where an independent third party neutral (the mediator) facilitates discussions between parties with a difference or dispute. It is a confidential process conducted on a “without prejudice” basis This means that anything discussed in the mediation cannot be disclosed to the outside world or in any subsequent court, tribunal or arbitration proceedings. The mediator is impartial and neutral and uses their expertise to help the parties try to find a resolution or agree a way forward. It is for the parties to decide and agree on the outcome and the terms of any resolution or way forward. The mediator does not make a decision or impose a solution on the parties.

Why use Mediation?

Mediation aims to achieve a mutually beneficial outcome for everyone involved. Instead of taking the matter out of the hands of those affected, it places them at the centre of the process, advocating self-responsibility and giving them control over the terms of any agreement reached. Because it is a voluntary process, participants are well motivated to work towards an acceptable agreement. Over 90% of mediations end in an agreement. (Scottish Mediation Network 2012)

WHO USES MEDIATION?

Mediation is used successfully by small businesses, large companies, public organisations and professional services. It is already well-established in the areas of community, neighbour and family disputes. In all of these sectors it has proven to be a highly effective method of resolving disputes.


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THE MEDIATION PROCESS Once a case has been identified, the Mediator will arrange a confidential conversation with the people involved individually in order to gain an understanding of their views and what they would want to achieve from the process and a Mediation Agreement. Providing everyone is willing, we then arrange a suitable date, time and location for Mediation to take place. We work through the Mediation process until such time as a settlement agreeable to both parties is reached and ensure that the referrer is kept fully updated on progress throughout. Depending on the nature of the conflict and the positions of the parties prior to the mediation, this can often be achieved in one session.

If those involved in the dispute do agree to meet with each other to mediate, the success rate in achieving agreement is extremely high – in our experience over 90%. However, if parties are unwilling to meet in person the Mediator can still try and facilitate an agreement through the process of shuttle Mediation. As the name suggests this involves shuttling back and forth between parties until an agreement that everyone is willing to sign up to is reached.

The parties involved still retain their right to resort to litigation should it prove impossible to reach an agreement through mediation.

 

What are the benefits?

△Cost effective and quick alternative to litigation or arbitration

△Consensual process where parties agree to work together to try and find a solution

△Confidential process affording parties the opportunity to have candid and open discussion

△Control from deciding the outcome, unlike in court or arbitration where a decision is imposed

△Constructive conversations take place in a safe environment, conducive to enabling parties to better understand each other

△Communication improvements often lead to preserving, restoring or enhancing relationships

△Creative solutions frequently lead to successful outcomes or an agreed way forward

△Certainty, either from an agreed resolution, or from knowing you have a better alternative

△Conclusion of the dispute often sees the end of wasted management time, damaged relationships, lost productivity and legal fees

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Legally binding agreement

Flexible & efficient process

In person & online services

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Juliette is a true expert in her field.

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She is very professional, friendly, knowledgeable and respects your individual situation, she has helped me process a lot of life events. 

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