What is mediation?

Mediation is a method of alternative dispute resolution that uses a negotiation process between two or more parties to arrive at a mutual agreement. The agreement constructed by the parties and facilitated by the mediator may or may not be binding.

When is it time to call in a professional mediator?

When each of the parties want to resolve a problem or ongoing conflict and recognize the value of using some neutral facilitation.

If you answer yes to any of the following questions, it’s time to consider bringing in an outside mediator.

Is the conflict costing you lost revenues?
Are legal fees escalating?
Has your reputation been damaged?
Is employee morale suffering?
Is the dispute escalating?
Are parties growing more rigid and polarized?
Is there an internal facilitator who has a stake in the outcome?
Are the parties tired of fighting?
Has there been an “unanticipated patient outcome”?

Overall, ask yourself how much damage is being caused and how many opportunities are being squandered while the conflict remains unresolved.

What does a mediator do?

A professional mediator breathes new life into the process, offering a fresh perspective on the critical issues and providing guidance in moving toward resolution. The mediator’s job is to be an expert listener, facilitator, and negotiator. The mediator helps parties overcome their communications impasse and identify new alternative solutions that meet their needs and concerns. At the conclusion of the mediation, the mediator drafts the agreement for the parties.

Can mediators successfully resolve all disputes?

Most disputes brought to mediation result in a settlement. However, mediators are not miracle workers. If parties refuse to settle, or if they are virtually unwilling to be flexible, the mediator cannot force them to act against their will. Nevertheless, even in the worst-case scenario, a mediator engenders a new understanding of the options and the possibilities for resolving a conflict. Mediation is particularly useful in healthcare settings where there is an ongoing relationship between the parties involved in the conflict.