Mediation

Both Mediation and arbitration are forms of alternative dispute resolution (ADR). In Mediation, a neutral third party professional facilitate disputants come to a understanding and agreement on their own. The Mediator has not authority to settle. Alternatively, in arbitration the neutral third party professional acts as a judge and decides the outcome of the issue based on the facts and information presented. Control and authority to settle and make a determination is given to and rests with the arbitrator. In addition, Mediation and arbitration can be combined into a blended, hybrid process called Med-arb. If a dispute is unable to be resolved through mediation, the Mediator may switch to arbitration and render a decision. Any reluctance or concerns to information provided in the Mediation being used against their case in the arbitration phase of the Med-arb process can be addressed by having different professionals serve in the Mediator and arbitrator roles. Keeping in mind, multiple skilled professionals assigned to the case may require additional time and costs.

Our responsibility as Mediators is to assist participants in resolving their disputes. Unlike a judge if the employment issue landed in court and other formal or legal proceeding with an arbitrator, EEOC, or internal HR, our role is not to determine the facts and decide who is right or wrong. As Mediators we do not have the authority to issue a judgement or impose a decision. It is not up to us to decide the outcome rather guide participants toward their own resolution. Our primary purpose is to help clarify the issues and assist those in reaching a decision to resolve the dispute. We do this by helping to facilitate a more effective means of communication between participants where they have been stuck, help each side understand the other’s perspective and interests in relation to the dispute, identify what changes and areas of opportunity in their behaviors and interactions are necessary to support each one to work respectfully, professionally, safely, and productively together in the future. Our role is to be neutral and impartial and bring an objective ear to the situation so as to help the participants stay focused and understand the important issues needed to reach a successful resolution.

All of our Mediators are highly skilled and trained professionals with a background in human resources and alternative dispute resolution. As certified human relations professionals have hundreds of hours of training and continuing education in various forms of Mediation, interventions, techniques and conflict systems design to include facilitative dialogue, reflective structured dialogue (RSD), conflict dynamic assessments, and many other researched back HR related tools and practices. In addition, we abide by the ethics, models, and standards of conduct set by national and international associations to which we are affiliated and active members. More information can be requested for specific background on credentials and qualifications for any of our experienced professionals.

Yes, there are issues in the workplace that should not be Mediated. For example, in instances where it is reasonably believed a workplace policy has been violated an investigation should be instead of Mediation. Typically, any violence, bullying, and harassment are not ideal situations for alternative dispute resolution means; however in instances where there is a need to preserve the working relationship Mediation may be ideal to follow the HR process used to handle the matter. Screening with extra care and skill is required in these circumstances to determine if it is agreeable to work with parties together and often times separately. We will help evaluate whether the dispute is appropriate for Mediation.

Mediation can be used at any stage of a dispute. It is recommended at the earliest stage of the conflict or dispute; however can be after a formal complaint has been initiated, a legal proceeding has been initiated, or an investigation has been concluded. Offering Mediation prior to an investigation saves time and resources by avoiding the investigation of issues that that could be appropriately resolved through Mediation. In addition, allowing Mediation between participants in conflict prior to an investigation of a complaint prevents the hardening of positions that can occur during a lengthy workplace investigation. The goal of Mediation is to focus on future workplace interactions and not past actions.

Most of our sessions are held virtually. Depending the circumstances presented, Mediation may be conducted at our office or onsite. We strive for the most neutral location for participants. In situations where standard office hours are not agreeable for all participants, flexible scheduling including weekends is optional. Travel anywhere within the continental United States is available. Cost of travel and related expense for site visits must accompany appropriate lodging and location for conducting a Mediation.

Yes! BMS maintains strict confidentiality. The Mediator and the parties must sign agreements that they will keep everything is revealed during the Mediation confidential. Mediation sessions are not tape-recorded or transcribed. Our Mediators cannot and will not respond to requests for expert witness or testimony. Only general information regarding the name and number of participants involved, date, and whether an agreement was reached will be offered.

Our consultation fee is $150 an hour. During the consultation, recommended service options are provided based on client needs and followed up by a formal cost proposal with a quote for requested and suggested statement of work. Advanced payment of 50% is due upon receipt of the scheduled agreement to Mediate. All fees and remaining balance due payable in full the day of the Mediation. All fees are non-refundable.

When we are consulted by the participants in conflict directly, the fees will be split unless agreed upon otherwise. Fee sharing is important because the Mediator works for both parties. In cases of multiple parties, the party with additional persons shall be responsible for their portion of the Mediation fees. For workplace Mediations it is standard for the company to pay for the Mediator.

You don’t go to an orthopedic for heart surgery. Just the same, if conflict is ailing your organization you should seek out professionals who specialize in conflict resolution. Our experience as human relation professionals extend beyond certifications, formal training, and credentials. We are culturally competent Mediators from all walks of life. We understand the cultural issues that can influence the successful outcome of a Mediation and our Mediators are equipped to understand and relate to those we encounter in Mediation. Thus, our Mediators are capable and positioned well to assist overcoming participants resistance to trust the process and reach an agreement by using our specialized expertise in asking impactful questions and brainstorming options to a resolution that works for all participants.

At BMS, we recommended every organization include a standard ADR clause in their workplace and business agreements. If you need assistance drafting, we can help!