Mediation (n.) a form of alternative dispute resolution (ADR) or “appropriate dispute resolution”, aims to assist two (or more) disputants in reaching an agreement. The parties themselves determine the conditions of any settlements reached— rather than accepting something imposed by a third party. The disputes may involve (as parties) states, organizations, communities, individuals or other representatives with a vested interest in the outcome.
Mediation (n.) means a process in which a mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such time as a resolution is agreed to by the parties or the mediation process is terminated.”
Step Approach to Mediation
- Step 1. Describe the action you desire and the end goals.
- Step 2. State clearly the reasons for the desired actions and goals.
- Step 3. Understand the opponent’s desired actions and goals.
- Step 4. Consider more than one alternative to reach a win-win resolution.
- Step 5. Reach a fair and sensible agreement.
A Sensible Approach
Especially in today’s economic climate, parties are recognizing that the costs and delays of “litigation as usual” can be detrimental to everyone involved. Mediation is not the best answer in every case, but most disputes will benefit from properly timed settlement efforts and the perspective of a neutral third party is often essential to overcoming impasse.
Over more than ten years of serving as a court-appointed and privately-retained mediator, Scott Cliff has helped parties resolve dozens of heated conflicts in diverse contexts, including:
Building “passport” with participants requires genuine empathy, discernment, humility and a respect for people from a wide range of backgrounds. The vast majority of cases do settle. The challenge for any mediator is delivering a sense of “process satisfaction,” a sense of having been heard, understood and respected in the course of working toward a mutually agreeable result. Scott is proud to have done that over the course of his career, not only as a mediator but also as a litigator–sometimes even with an opposing party!
Fees are always negotiable
Having mediated cases involving businesses of various sizes, nonprofit organizations and individuals of modest means, Scott T. Cliff understands the need for flexibility in structuring mediation fees. Money should not stand in the way of seeking lasting resolution.