About Mediation
What is Mediation?
Mediation is a process in which two or more parties meet with an impartial person who assists them with the negotiation of their differences. Mediation is a voluntary and confidential alternative to the traditional legal and regulatory process.
The mediator does not have decision-making authority and does not determine who is legally right or wrong. Mediation leaves the decision-making power totally and strictly with the parties. Parties enter into agreements voluntarily. Agreements are never imposed on parties.
What is the Mediator’s Role?
Mediators are trained to work with individuals and organizations to identify mutually agreeable solutions to shared problems. The mediator acts as a catalyst between opposing interests attempting to bring them together by facilitating the discussion to avoid confrontation and ill will. The mediator does not represent any party and has no bias against any party or their position.
The mediator helps by:
- Eliminating communication obstacles
- Facilitating a calm and rational discussion
- Identifying and clarifying the issues
- Exploring options
- Recording agreements
Advantages of Mediation
Mediation offers several advantages over other remedies in resolving disputes because the process:
- Provides an informal and impartial setting in which to openly discuss all issues involved
- Allows the parties who are most familiar with the dispute to devise their own solutions tailored to their interests
- Helps restore communication between disputing parties and preserves and enhances important business relationships
- May save all parties time and money as compared to litigation
- Has fewer implementation issues since the parties agree to all terms
What is a mediation session like?
Mediation sessions begin with a joint session with all participants present. The purpose of the joint session is to define the issues and ascertain the interests and concerns of all parties.
The mediator will begin by welcoming the participants, explaining how mediation works, and explaining the ground rules for the session. After the mediator’s introductory remarks, each participant will have the opportunity to make a brief opening statement and provide their perspective on the problem. Following the opening statements, there is generally a discussion to clarify the issues, consider the relevant information and data, and explore options.
The initial joint session is usually followed by a private caucus between the mediator and each party. This allows each side to explain and enlarge upon their goals for the mediation in confidence. Depending on the nature of the dispute and the dynamics of the mediation session, the mediator may alternate between private and joint sessions until the parties have resolved their differences, decided to reconvene for additional sessions, or determined that further mediation is no longer constructive.
Answers to Common Questions About Mediation:
Mediators are usually called into a conflict only after parties have tried
to resolve the issues on their own. Sometimes, the issue has raged on for months
and the situation has become harder and harder to handle on your own. A
mediator can help open up lines of communication, facilitate the discussion,
identify and clarify the issues, and explore options that may be acceptable
to all parties. The mediator’s job is to help the parties overcome the barriers
and obstacles that exist between them to allow them to work together to help
resolve the conflict.
The mediation process can sometimes surface lots of feelings as parties
are trying to resolve issues that have, over time, created misunderstandings
and ill will between them. More often than not we find that parties who
have been angry at each other for a long time find some common ground
and a way to re-connect with one another as business partners, neighbors,
or community members. Sometimes, though, a mediation will come down
to helping people who want to focus on making the best economic decision
they can under the circumstances and has little to do with their emotions or
feelings. Each mediation is different and the circumstances of each case is
unique. However, mediation is ultimately a process that is aimed at ending
conflict and creating tangible results that allow each party to put the dispute
behind them and move forward.
Sometimes parties do not reach agreement on all of the issues they
have come to discuss. If the parties cannot reach a complete agreement, it is
possible to reach a partial agreement on some things and it is also possible
that no agreement is reached. Once the mediation process has ended, parties
can pursue other options that existed prior to the mediation. Attempting
mediation does not prevent parties from trying other avenues of resolution.
The Who, What, When and Where of Mediation
All of the mediators that work with the program have experience in
agricultural mediation cases and have had extensive careers in mediation,
several are lawyers, and many were raised in farm families. We have mediators
located throughout Vermont and mediations can be scheduled at a time
and a place that works for all parties. We have mediated in state and federal
offices, law firms, pastures, barns, and around kitchen tables throughout the state.