Collaborative Mediation

As it’s defined, mediation is a collaborative process. It’s parties, working together, to create a resolution to their problems. All too often, though, mediation becomes an adversarial process, where either (or both) side attempts to “win” the mediation. When that happens, though, the process has been corrupted and the chances of obtaining a mutually satisfactory resolution diminish precipitously. .

How can this be avoided?

It’s simple really. Mediation, as a collaborative process, necessitates that the parties act in a collaborative manner. If the parties have a collaborative mindset throughout the process, then they are far more likely have a successful outcome.

As author Emily Holland notes, “Collaboration is often considered the same or similar to win/win solutions because it focuses on meeting the needs of each participant. The goal of collaborative problem solving is to create a solution for each party that leaves everyone satisfied with the result. Effective collaboration will consider not only the goals, but the beliefs of the parties, their expectation and their underlying interests. The style of problem-solving requires a solid relationship of trust and understanding between the parties to move forward effectively A willingness to empathize and receptively listen to the other party is also an integral part of the process.”

“It is important to distinguish between collaboration and cooperation… Cooperation is simply the willingness to work with the other party in a respectful and supportive manner…. Collaboration would seek to find a way to give the [second] party their full proposal or meet all the needs asked for, while also providing for the needs of the [first] party. “

When parties — and their attorneys — come into a mediation with this mindset, then they are colloborating successfully and, from that, a good result should result.

To read more, click here.