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Frequently Asked Questions About Mediation
What is Mediation?
Mediation is a method of resolving disputes in which neutral third persons (mediators), who have no decision-making powers, assist parties in seeking their own settlement of issues in dispute.
When would someone choose mediation?
- When they have not succeeded in settling a dispute on their own.
- When they want to have some say in the outcome of the dispute.
- When they really want to solve the problem.
- When they want to maintain a working relationship with the other person.
- When both persons are willing to use the assistance of mediators.
- When both persons want a private, voluntary, convenient, empowering way to solve a problem.
What happens during the mediation?
Mediators meet with all parties to discuss the nature of the dispute. The mediators may then hold private sessions with each party to hear a personal perspective. Coming together again, the mediators help the parties to identify the issues in the case, and move to areas of common interest where problem-solving can occur. When a mutually acceptable agreement is reached, the parties may choose to write it up.
What happens when an agreement is reached?
The agreement is signed by the parties and by the mediators. A copy is given to each party and a copy is kept on file by the program. If a copy of the agreement is required by the Company, that information must be shared before the mediation is held. If the agreement is not honored, parties may request a second mediation session.
What happens when an agreement is not reached or fulfilled?
The parties retain their rights to pursue the matter through the usual company procedures, through legal channels or non-legal channels. Upon request, the Program Coordinator will help the parties to identify other appropriate community resources.
Who are the mediators?
They are members of the community who have received a minimum of thirty-three hours of training and who have practiced their skills and taken opportunities to upgrade their skills. They are committed to impartiality and they take an oath to maintain confidentiality, so that mediations are private.
Where do mediations take place?
Mediations are held at the program offices at the Unitarian Church in Pittsfield, or at various locations in Berkshire County. Most mediation sessions are completed in one session lasting up to two hours.
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