What mediation involves
For people who have not participated in a mediation before, it is a supportive process designed to structure a conversation so parties can have a conversation where each can listen deeply to the other and speak plainly what they mean.
Mediation begins with appointment of the mediator (which both parties agree on) and then the signing of the agreement to mediate - this step marks the beginning. From there, an information gathering phase takes place which involves conversations with each party and gathering an understanding of their positions. The mediation will then support the parties to clarify their positions and their needs, so they can communicate them clearly at the beginning of the mediation - these are usually then written by the clients and the mediator can support this process if required.
The in-person phase only then begins when the information gathering phase has happened and the clients are ready to meet, although it is usually within a reasonably quick timeframe as it benefits all parties to aim for a resolution in the shortest time possible. We work flexibly to ensure the mediation can progress without undue delay.
The mediation itself is successive rounds of conversation, sometimes separately and sometimes together, where the parties work with the mediator separately and then together. The expected undertaking is that the mediation proceeds for as long as it takes until a resolution is reached. This can sometimes be quite fast and sometimes it takes a number of hours. The mediator will remain with the mediation until it is complete or until both clients agree a pause.
At the conclusion of the mediation a written settlement is agreed and signed by all parties, detailing the resolution and recording the agreed outcome for both parties — and where court proceedings are already under way, that settlement can be recorded in a Tomlin order where necessary.
This is CEDR-accredited practice — the Centre for Effective Dispute Resolution's mediation training and standards — applied to commercial, workplace, personal and organisational relationships specifically.
Workplace & organisational mediation
All relationships can experience strain, particularly when working in challenging or high stress settings. Resolving workplace conflicts successfully lays a more stable foundation for future relationship building work, and therefore enhances the likelihood of success in future plans for the organisation. It can also be an effective way to resolve disputes which would otherwise have required litigation, and it can bring significant resolution for the parties involved rather than the continuation of ill feeling and stress. Working wisely with conflict is the partner discipline to working with feedback, and mediating past conflicts can be a first step before then learning and embedding these capabilities within your teams.
One example: a national charity developed a discrimination dispute between members of its board of trustees, the chairperson and their chief executive. The dispute threatened to carve a wedge between an otherwise very effective and functional team and land the organisation at tribunal. A mediation saved the organisation significant resource, retained a lot of talent within the organisation and avoided a lengthy legal case.
Family business and succession
Family businesses are benefitted by the depth and density of family relationships, and also the depth of upset when those relationships are spoiled for some reason. Family businesses, farms, family partnerships and generational business relationships benefit as much from mediation when required. I am experienced at working in the nuanced space between work and personal relationship and if you are experiencing tension or have a direct issue to discuss I am happy to speak.