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Boston Worcester Springfield Cape Cod York, ME Boston |
Starting Points
Joseph Mediation recognizes that mediation isn’t necessarily right for every dispute, every time, for every party or pair of parties. I begin, therefore, with an Exploratory Conference, by phone or in person. The objective is to learn the relative interests, choices, and positions at hand, and consider the possible desired outcomes for you, your client, business or entity. As a result of this exploratory conference, you may or may not decide to go forward in the mediation process. It’s up to you. What’s important is that, as with all decisions, you make a choice that is well-informed. In preparation for mediation, matters I further explore include the history of the dispute, party interaction, expectations for resolution, discussions and/or negotiations to date, as well as who ought to participate, the length of time to set aside, and other sensitive matters that facilitate the productivity of the mediation. What is the typical mediation process like?Generally, I start by jointly meeting with you and the other participant(s). (Occasionally, I opt to meet with each participant individually before our joint meeting.) I ask each of you to briefly share your perspective of the dispute as it relates to your goals for mediation and resolution. This provides a foundation for the problem-solving work ahead. Importantly, since the parties themselves are the decision-makers, the purpose of this explanation is to inform, not convince me. Next, I spend time with the parties separately which allow me to more fully understand the root of the conflict, and what’s important to you and your objectives. This shapes the mediation’s focus and opens the way to discuss avenues to resolution. This process necessarily requires the complainant to, at some point, provide an opening proposal that allows the respondent to meaningfully respond and contribute to the process. These private sessions I hold with you and separately with the other party serve to help each party evaluate factors that are directing the negotiation such as:
All this the parties may take into consideration while working toward resolution. I communicate information and proposals between the parties. A workable solution then begins to take shape. Eventually, it becomes clear whether the parties are able to reach an agreement. At the end of the mediation I bring the parties back to a final joint session to conclude, either with an agreement to be written and signed, or instructions on how things may proceed if no resolution is yet reached.
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