Community Mediation
Disagreements are inevitable when we live in community. Often, people in conflict let the issue simmer while holding resentments, let it boil over into destructive or violent confrontation, or wind up in court. All of these outcomes have their own personal or financial costs. Mediation offers the opportunity for involved parties to get to the root of the issue and resolve or transform the conflict in a constructive manner on their own terms.
Common community conflicts include:
- Neighbor or neighborhood disputes
- Landlord-tenant disagreements
- Co-habitation issues
- Disputes between friends or friend groups
- Disagreements within organizations
This is not a complete list. If you are involved in a conflict and are curious if mediation could help, email me at [email protected] to schedule a free 15 minute call to discuss.
What is Community mediation?
Mediation is a structured process designed to enable everyone involved to discuss the issues in a constructive manner in order to develop practical solutions to the disagreement at hand. With mediation, all involved parties can:
- Share their side of the story
- Be heard and understood
- Hear the other party’s story
- Get to the root of the issues
- Develop constructive solutions that work for both sides
- Create and formalize an agreement on how to move forward
Often, involved parties put agreements made in mediation on paper. Written agreements serve as a reference point to help all parties navigate the conflict moving forward. However, sometimes an agreement may not be necessary or desirable.
With mediation, the involved parties are in the driver’s seat. Participation is voluntary, and nobody is forced to make agreements that they don’t want to make. Instead of top-down judgements deciding and enforcing outcomes, solutions come directly from the parties in the conflict. Often, mediation provides the opportunity to deepen understanding of the situation, address the root cause of the conflict, and creates the possibility for more harmonious and productive relationships moving forward.
How Does Community mediation Work?
Mediation involves several separate steps. These include:
- Case intake and scheduling
- Mediation
- Follow up assessment
Initially, I conduct separate 15-30 minute phone calls with each party that will be involved in the mediation. During these calls, we discuss the basics of the disagreement to determine if it is appropriate for mediation. If it is not appropriate for mediation, I will let you know ASAP.
If the case is appropriate for mediation, all parties fill out intake paperwork, a confidentiality agreement, and an agreement to engage in mediation. At the same time, we all set a mutually agreeable time and format to conduct the mediation. Once the mediation has been scheduled, payment is due.
The actual mediation session(s) can take place in person or over Zoom, depending on logistics and preferences. During mediation, all involved parties meet with the me at the same time. The session is typically broken into several separate stages:
- Introductions: I introduce the mediation process, review the ground rules and expectations, and answer any questions.
- Stage 1: Each party starts off by sharing a brief overview of their perspective of the conflict. From there, I will ask questions and hear from each party to gather more details about the conflict and understand the important issues for each party. During this phase, all parties speak with me directly, not the other party. Stage one often takes the majority of time in a mediation session.
- Stage 2. Once it feels as if everyone has shared what they need to during stage one, parties begin talking directly to each other about the issues at hand. During this phase, I guide the process to ensure that discussions stay respectful and productive. Depending on the nature of the conflict, potential solutions to the issues may start to emerge. Note: During stage one or stage two, I may set aside some time to talk privately with each party.
- Stage 3: During the last stage, parties propose, discuss, and agree on solutions to the conflict. During this phase, I continue to guide the conversation to keep it on track and work towards mutually acceptable agreements. Often, agreements are written up and signed by both parties.
- Wrap up: Once the agreement (if any) has been signed, we wrap up the mediation session and say out goodbyes.
After the mediation session, I will email each party involved in the mediation a follow-up assessment to complete.
Mediation sessions are typically 3 hours in length. However, they can be shorter or longer depending on the needs of the parties and the nature of the conflict.
The Role of the mediator
As a mediator, I am present to guide the conversation, deepens understanding between parties, keep everyone on track, and work toward constructive solutions to the important issues. Throughout the process, it is my responsibility to:
- Stay neutral
- Maintain a level playing field
- Ensure that all parties have the opportunity to fully share their position
- Facilitate constructive communication
- Identify the important issues
- Develop creative solutions
- Help negotiate an effective and lasting agreement
It is also my responsibility to NOT take sides or assign blame. I also do not make any decisions regarding the conflict or how to address it; any solutions that emerge from mediation must be voluntarily agreed upon by all involved parties.
Thing to know about community mediation
- Mediation is voluntary: Mediation only happens if both parties want to mediate and the case is appropriate for mediation. Any involved party can leave at any point during the process. Nobody is forced to make agreements that they do not want to make.
- Confidentiality: All information shared in mediation is confidential unless all involved parties agree otherwise.
- Legality: Community mediation agreements are typically not legally binding. Community mediation is an opportunity to work out key issues on an interpersonal level in order to avoid costly legal battles. If all parties agree, written and signed agreements reached in mediation can be introduced as evidence in court in the event the dispute proceeds to litigation.