WORKPLACE Mediation
The mediator supports the participants reaching an agreement on their own, without telling them what to do.
Simply stated, mediation is a conciliatory process in which a third party (the mediator) supports the participants reaching an agreement on their own.
The mediator provides guidance about the mediation process, but when it comes to the resolution of the substantive issues at hand, leaves the decision to the participants. This means the participants, not the mediator, are the decision makers.
Whether or not an agreement is reached is always voluntary, but participation in mediation is not always voluntary, and sometimes, especially in the workplace, it is mandated.
Ideally the mediator is both neutral (in that there are no compromising relationships) and impartial (in that there is no bias toward or against a particular solution). Most importantly, the mediator must be acceptable to the parties and possess the skills to be helpful.
Mediation is a time honored and proven vehicle for resolving conflict. The majority of the time, participants who engage in good faith find solutions. When you do, your mediator will help you to clarify and record any new understandings and test them for durability.
Although mediation has regained popularity in recent times given its effectiveness in resolving issues, healing or strengthening of relationships, speed relative to other avenues for dispute resolution and cost effectiveness, there is ample historical evidence of its use for millennia.
It is especially useful in relational workplaces disputes.
““Our organization has utilized John Ford on numerous occasions to assist with mediation between employees in conflict. I describe John as the “employee whisperer” for his innate ability to connect employees so they can work together while respecting each other’s differences. He has worked with all levels of the organization and adjusts his approach as necessary. John is passionate about the work he does and it shows in his approach and desire to come to a resolution that meets the needs of everyone involved.”
— Karen Taylor, Director of HR, Napa County”
This mediator is certified by Mediate.com as meeting all of the requirements described at www.mediate.com/Certification
We offer two mediation options. One is the short four-hour option. The other is the fourteen-hour option. In addition, we have experience mediating online using a variety of platforms including Zoom.
The SHort Four-Hour OPTION
Typically, the mediator starts with a short opening statement to orient parties to the process and role of the mediator. Ground rules, such as confidentiality of the discussions and the importance of equal air time for the participants, are established at this time.
Next, taking turns, participants have an opportunity to express and share their perspectives. The mediator is likely to summarize what s/he has heard. When the mediator reflects back what has been heard s/he is not agreeing with one party or another but simply demonstrating an understanding of that party’s perspective.
The mediator will encourage you to focus on what you are feeling and needing rather than on your judgments of one another. You will also be encouraged to focus on the future you want to create, together, rather than on whom to blame for the past.
The mediator will encourage you to collaborate and find a solution that is mutually beneficial. S/he will not take sides or tell you what to do.
The majority of the time, participants who engage in good faith find solutions. When you do, your mediator will help you to document any new understandings and test them for durability.
The Longer Fourteen hour OPTION
The basic mediation process is spread over 5 sessions and starts with a one-hour orientation session that provides just in time training for the participants to meaningfully participate in the mediation process. After that, still on the first day, we sit down one on one, to hear each participant’s perspective in private.
The following week focuses on acknowledgment and validation of one anothers experiences through a carefully guided process that focuses on the identification of feelings and needs. This allows the emotional wounding to be addressed.
We then return a week later (so week 3 and again for week 4) to identify issues and problem solve sensible solutions with the resources available and within the bounds of company policy and law.
As agreements are reached, they are recorded in a document. The final step, but one, is the signing of the agreement (week 5).
Follow up is the final step and happens about 6 weeks out. We check in to see how things are going.
Participants of both the short and longer versions are expected to sign the standard agreement to mediate together with ground rules as set out below:
Agreement to mediate
I am participating in mediation to see if it will be possible to enhance communication and/or resolve pending issue(s) or problems. I understand and agree to the following terms and conditions regarding the mediation process:
1. I understand that mediation means a process in which the mediator, as a neutral person, facilitates communication to assist the participants in reaching a mutually acceptable agreement.
2. Good faith participation in the mediation is required. I understand that any agreement reached during mediation is entirely voluntary.
3. I understand that the mediators’ role is not to decide who is right or wrong, or who wins or loses. Rather, the mediator will facilitate communication to assist us, the participants, reach our own mutually acceptable resolution of this matter.
4. I understand the mediator is not going to act as advocate or representative for me or for anyone else.
5. I understand that mediation is a confidential process, and I agree to respect the confidentiality of all discussions and communications made during or in connection with the mediation. I understand that the purpose of mediation is to try to improve communication and/or resolve a dispute or problem, and not to gather information for other purposes.
6. I understand that the mediator will not voluntarily testify on behalf of any participant UNLESS one of the participants makes a genuine threat of physical harm or reveals information of: criminal activity, child or elder abuse.
7. I agree that I will not subpoena the mediator, or any other persons participating in the mediation to testify about anything that was said or written during or in connection with the mediation.
8. It is the intention that all confidentiality protections afforded by law apply to each mediation. To preserve the confidentiality of the mediation process, I understand and agree that if I raise claims in this mediation that, if true, would constitute a violation of XYZ’s policy or law, my raising of any such claims(s) does not constitute notice to the XYZ of such violations. In order to report claims alleging a violation of XYZ policy or law, I will follow appropriate internal XYZ procedures for the reporting of such claims.
Date: ___________
Name/Signature:
Name/Signature:
Mediator: John Ford
Ground rules
1. We shall take turns speaking and not interrupt each other.
2. We will remain focused on the issues at hand and avoid being sidetracked into other non-relevant areas.
3. We shall not demean, belittle, blame, attack, or engage in put-downs and will ask questions of each other for the purposes of gaining clarity and understanding only.
4. We shall stay away from establishing hard positions and express ourselves in terms of our personal needs and the outcomes we wish to realize.
5. We will listen respectfully and sincerely try to understand the other person's needs. We will not make assumptions about the other party’s motive or needs.
6. We recognize that even if we do not agree with it, each of us is entitled to our own perspective.
7. We will not dwell on things that did not work in the past, but instead will focus on the future we would like to create.
8. We shall make a conscious, sincere effort to refrain from unproductive arguing, venting, and defensiveness.
9. We agree to work hard toward what we perceive to be our fairest and most creative agreement possible.
10. We will speak up if something is not working for us in mediation. In particular, we will point out if we feel the mediator is not being balanced.