Mediation is where two or more people who are unable to come to an agreement on an outcome or solution between them for one or more issues asks an independent third party to help them have that conversation. This independent third party is called a mediator.
It is a confidential process. This means any information shared between any of the people involved during the mediation process is unable to be shared with anyone outside of the mediation process, even after the mediation is finished, unless everyone agrees otherwise.
The mediator does not give the people the answer to their disagreement, but instead works with everyone to find a solution or an outcome that they can all agree with. This agreed outcome or solution is called a Mediated Agreement.
Mediation is where the people who are initially unable to reach agreement on their own, have an independent person help them reach an agreement, so that they, themselves are in control of the agreed outcome.
If mediation is what you are looking for, or if you are still not sure, then phone me on 0800 765 837 for more information.
This is probably best answered by me asking you some questions:
Does the other person acknowledge you are in disagreement?
Does everyone in disagreement want to resolve the issue, or find an answer?
Is everyone in disagreement willing to seek help from an independent third party, so they can find an answer, or resolve the issue?
Do you have a reputation, business or brand (or anything else) to protect from adverse publicity?
Do you need an answer or resolution quickly?
Is there a relationship involved that is important to you or your business to keep if possible?
Would the cost of not having an answer or not resolving the issue be detrimental to your health, your business, your family life, your employees, your customers, your stakeholders, your finances, getting a worry-free sleep?
Would you like the disagreement to go away quietly and quickly with as little fuss as possible?
Are you unable to face the person you are in disagreement with, to be able to resolve the issue between you, on your own?
If you have answered ‘yes’ to most of these questions, then it is highly likely mediation is right for you. Contact me on 0800 765 837 to discuss this further.
A mediation is one or more meetings between the people in disagreement with the mediator to provide each person the opportunity to tell their side of the story and to be heard by the other person in disagreement.
The mediator will lead a process of mediation where the people in disagreement are treated fairly: where questions are asked and answered; where miscommunication, misunderstandings or assumptions can be clarified or cleared up; information is shared; where safety and space is provided for people in disagreement to work through options that are most likely to be agreed upon for everyone involved. Remember that everything that happens in mediation is confidential.
There may be times during mediation where the mediator is spending time with each person involved in separate meetings. So, there are joint meetings and or separate meetings.
The meetings can be as informal or formal as you would like them to be.
There is a lot of constructive talking that happens in mediation.
Best of all: People who were in disagreement when they arrived, leave in agreement.
If this sounds good to you, then give me a call on 0800 765 837 to get started.
The Greatest benefits are: Peace, sleep, resolution, less stress! Mediation is one of the most affordable methods for resolving disagreements. It is one of the fastest ways of resolving disagreements. It is a totally confidential process, which helps to protect your reputation, brand, family, or anything else that matters to you. For any mediation where relationships or any nature matter, then mediation is a process that can help to restore relationships, or at a minimum cause less harm or retain the relationship.
Any agreements reached are in absolute control of the people in disagreement (and not imposed by someone else). Because of this, the outcomes from mediation can be more valuable to the people who were in disagreement as you can be as creative with the outcomes as you all agree to be.
To try to resolve the disagreement between yourselves.
You can each use your lawyers to ‘round table’ and advocate (or argue) on your behalf to try to negotiate the best possible outcome for you.
You can have a collaborative process where everyone in disagreement, agrees to work with professionals who are ‘collaboratively’ trained and work together on each of your behalf to reach an agreement for you all collectively.
You have arbitration, which is less formal than Court usually and where your choice of arbitrator imposes their decision on you.
You have Court where a Judge will impose their decision on you, and this process is usually the costliest process of all.
Each of these alternatives will vary in the speed of the process and the cost.
If you want to know if mediation is right for you, please phone me on 0800 765 837 to discuss your alternatives.
For any disagreement, the sooner you acknowledge the disagreement and try to resolve it or reach an agreement with the other person the better.
The more you are able to do on your own the better, but this isn’t always possible due to the person or business you are in disagreement with, or the situation.
On your own you can write down your recollection of the facts, using dates and times for events and use any historical written communication from the other person to assist this. For your own notes, what would you like the outcome to be (or range of outcomes), and what is important to you.
If the relationship is important to you or your business – record why it is. Calculate the cost to yourself or your business of not resolving this issue, daily, weekly, monthly, not just financially, but lost time attending to work-arounds, meeting with professionals if required, increased stress and what that means for you personally. How long can you or your business afford to not have this issue resolved before people lose jobs, you lose customers, your stakeholders lose confidence or relationships are irrevocably damaged?
If you really want to resolve the disagreement yourself but feel you are lacking in some knowledge or skills, you can use a conflict coach to help prepare you to have a discussion with the other person.
You should seek help as soon as you know you are not going to be able to resolve this issue on your own, or the other person is unwilling to meet with you, or is unwilling to try to resolve it in a timely manner.
If you need assistance with reaching an agreement with someone else, or want to know if there’s anything more you can try on your own then phone 0800 765 837.
This is not easy as the different dispute resolution processes can all be used for most types of disputes. It is simply a case of, do you want to be in control of the outcome, or do you need someone else to make the decision for you and impose it on you? How long do you want the process to take? How much money do you have to spend on resolving it? How public do you want the dispute and outcome to be?
There are certain tribunals that are available to you at little or no cost: the Disputes Tribunal for any dispute up to $15,000 in value (as at April-2018), or the Employment Tribunal for workplace disputes and other MBIE (Ministry of Business and Innovation) initiatives.
Most disagreements or disputes, if not able to be resolved on your own are suitable for mediation, which is usually your cheapest, most confidential and fastest next alternative while still being in control of the outcome.
At Bayside Mediation & Strategies we will advise you if your dispute or situation is not suitable for mediation. If you want help with making this decision, then call us on 0800 765 837.
Mediators are all different in style and in cost. Most mediators are professionals in various fields before they trained as mediators. Don’t make a quick decision, do your due diligence. Here are some things you may like to consider, remembering that some of these questions may not apply to your situation:
How experienced in mediation are they?
What is their professional background?
Who are they professionally accredited with? (New Zealand professional bodies are AMINZ, RI and the NZLS.)
What areas of dispute do they have experience in or a skill set for?
Do they have preliminary meetings?
During mediation do they use separate meetings?
Do they mediate on papers only?
What is their cost?
What does their website say about them?
Do they have any references?
Do you know anyone who has used their services before?
Who would the other person in the disagreement like to use?
How informal or formal do you want the mediation to be?
Phone me on 0800 765 837 as part of your due diligence for selecting a mediator.
Thank you Rosemarie for your patience and understanding during this difficult time.
It is only due to your strength, professionalism and dedication, that this matter resolved out of court. Thank you from the bottom of my heart for the brilliant work you do.
Thank you very much for your extraordinary effort to make the mediated agreement happen.
Thank you for the huge effort you put into this… It was a real win for my children…have a huge impact on the rest of their lives. Once again, thank you, you did a great job.
Thank you for steering me through the mediation process. I quickly felt safe in your presence and trusted you. I was humbled by your empathy and wisdom. I feel we will be better at communicating…Thank you for helping us get to an outcome.
Rosemarie was great and did an excellent job with mediating our session. Would strongly recommend her and would also use her again in the future should the need for mediation arise again.
Thank you so much for all you have done for our family. We were in a dark place that our family is not used to. Your kindness, caring and skilful mediation has made a profound impact on our family. We are now back to the loving fun family we are used to. Rosemarie I will be forever grateful for who you have been for our family. Thank you from the bottom of my heart.