Conflict Resolution and Mediation Blog

Solutions for the Benefit of All

2011-01-11T12:24:00.000-08:00

A critical step in the mediation process is to explore options and find solutions to the conflict or dispute. The possible solutions depend on how the mediator and the participants approach this step of the process. Further, I have noticed that there are parallels between the solution seeking approaches in mediation and certain economic theories.

In my experience the participants will often approach a mediation session looking out for their own best interest and with the belief that the best solution occurs when each individual does what is good for themselves only. In other words, they are actually not considering what it is that the other party may need. This approach is similar to an economic theory provided by Adam Smith that states “the best result comes when everyone is the group does what is good for themselves”.

I think that the solutions achieved in mediation are better if the participants approach the mediation with the belief that the best solution occurs when each individual does what is good for themselves and the others involved. This approach is similar to an economic theory provided by John Nash that states “the best result comes when everyone in the group does what is good for themselves and the group”.

In my opinion, we could reach better solutions in mediation if each participant considers the needs of others and themselves and that the overall result will be solutions for the benefit of all involved. .

So the next time you are faced with a decision or a conflict you may want to consider how best to meet your own needs and the needs of the others involved!

All the best, Gillian

Collaborative Governance

2011-01-05T14:16:00.000-08:00

Collaborative governance is a type of process that ensures that those people who have interest in a public policy issue are directly involved in a way which allows for them to provide input and recommendations.

The typical participants in a collaborative governance process are government agencies, community groups, organizations, businesses, non profits, individuals and First Nations.

The collaborative processes usually involve the following components: sharing of background information, gathering input from participants, an analysis of the input, the development of various options, a process to determine how the group will form consensus and the provision of recommendations on the issue.

Certain issues may be more appropriate for collaborative processes and their success seems to depend on variables such as the history of the issue, how long the issues has been a conflict or concern, incentives for participation, power and resource imbalances, and the conflict resolutions skills of the facilitator.

Policy makers are starting to use the concept of collaborative governance for many reason included the following: to ensure that people are well informed about the issues, to build relationships and trust with various types of participants, to save time and money by addressing concerns versus avoiding the conflicts and allowing them to escalate, and to find better ways to collective learn and solve problems.

Over the last two decades I have observed a growing interest and acceptance of the collaborative processes within governments. The issues facing public policy decision makers today are complex and involve diverse stakeholder groups. The use of collaborative processes has proven to be an effective way to address these types of issues for the betterment of all involved.

Collaborative governance processes have been proven to be effective in the development and implementation of public policy issues.

So why not use a collaborative process to address an upcoming public policy issue within your government?

All for now, Gillian

Online Mediation for Fast and Affordable Solutions

2010-09-18T16:32:00.000-07:00

What is it?

Online mediation is a specific type of mediation that uses computers, email, and internet technology to conduct the mediation sessions.

Why use it?

Recent research in the alternate dispute resolution field has stated that there will always be certain cases for which online mediation is appropriate. Also it is that the mediation process itself is more important than the type of communication form used.

Online mediation is also considered to be effective, efficient and affordable for certain types of mediation cases such as the following:

if the parties are geographically distant from each other,
if the timing of the resolution is important as it is often it is usually easier to schedule or participate in online sessions versus face to face meetings,
if there are many jurisdictions with complex issues, then it provides a framework to identify the interests of the parties and record them as the mediation progresses,
if there are any power imbalances between the parties, then online mediation provides a safe forum, and
often the parties are less reactionary as they can take more time to reflect on the situation.

Many international organizations such as the United Nations and the organization for Economic Cooperation and Development already recommend the use of online dispute resolution. In addition, the BC Attorney General's Office recently explored how online dispute resolution processes may be used in certain parts of the justice system including the existing Court mandated mediations.

Who uses online mediation?

All levels of government can benefit from the use of online mediation. Governments are responsible for complex public policy issues that are ripe for mediation. Regional and local governments may want to use of online mediation for the following:

public participation processes,
policy and planning issues,
collaborative planning with other agencies and First Nations,
government and First Nations referrals and
enforcement matters.

Online mediation may be useful for some First Nations issues related to land use planning, community services, agency referrals, and communications with members who are not living at home. Online mediation may also be useful to resolve civil issues between individuals, families, businesses or organizations provided that all parties are comfortable with the online environment.

In summary, online mediation provides the opportunity for people to resolve their differences and create effective solutions in an fast and affordable process. Why not contact Gillian at mediate@telus.net and choose a new approach to move towards solutions?

The Mediation Process Upward Spiral

2010-09-13T19:57:00.001-07:00

The main benefits of the mediation process are to move the situation forward and to generate solutions that work!

Mediation is essentially a facilitated discussion with the intent of creating agreements that will work for the people involved.

The mediation process begins by identifying the needs of the parties and to generate mutual understanding. Finally the process spirals upwards to create better solutions for everyone.

Mediation offers the parties a peaceful way to build understanding and an opportunity to communicate in a positive environment.

The following are some of the benefits and reasons why the mediation process is used:

Maintains relationships - A goal of mediation is to address the concerns and needs of everyone involved which help to maintain the relationships.

Alternative to Court - It is an alternative to going to through the court system which is often costly, lengthy and stressful. Mediation is a great way to settle a dispute before you invest significant amounts money and other resources in litigation.
Saves time and money - Research has shown that mediation is more often efficient - both in time and in costs.
Satisfaction and Success - Research has also shown that most cases settle in mediation and that people who use mediation are usually satisfied.

Mediation is accessible and depending on the situation, sessions can be conducted online, on the telephone or face to face. The intent of the mediation process is to create solutions that work for all the people involved.

So if you or someone you know need some assistance to resolve a dispute or if you are curious about the mediation process then why not contact Gillian and learn a bit more about it?

All the best, Gillian

Civil Mediation an Alternative to Court

2010-09-13T12:26:00.000-07:00

Civil mediation is an informal private way to settle a dispute without having to go to court!

Most of use experience conflict at some point in our daily lives. When this happens mediation helps to identify what we need and how to find solutions that work.

Civil mediation involves individuals, families, businesses, or organizations who are in a dispute or experiencing some form of conflict.

The types of civil mediation topics are limitless and often involve issues such as the following:

family matters (separation, divorce, wills, estates),
construction and renovations,
financial matters, agreement and contracts,
housing and real estate,
vehicle sales and repairs,
shareholder decisions,
workplace and employment issues,
community and neighbourhood issues, and
court ordered civil issues.

Research has shown that even court ordered mediations which are mandatory most of the cases settle and the people are usually satisfied.

Civil mediation works because it usually involves people that we already know and have some form of relationship with. Also the solutions reached at mediation are usually carried out because the agreement was generated by the people themselves instead of being imposed on them by someone else.

One of the main benefits of civil mediation is that it helps to maintain the relationships with the people that we have contact with or do business with.

So next time you or someone you know has a conflict or is considering going to court, then why not give mediation at try?

All the best,

Gillian

P.S. If you know of someone who may be interested please fell free to let them know they can contact Gillian for a free consultation!

Why mediation works for First Nations

2010-09-13T12:12:00.000-07:00

Man in the Moon by George Nookensus

Mediation can provide a rich opportunity for First Nations to address community issues related to governance, land, and resources as well as social and cultural issues.

In addition, the mediation process typically provides opportunities to build respect and enhance relationships.

Over the past several years there has been an increase in the need in First Nation communities for planning such as comprehensive community plans and land use planning.

The types of projects are based on collaborative processes which bring community members together in a positive and productive environments. Often these projects require conflict resolution skills in order to focus on the common community goals and to implement solutions that will work.

In addition, there is often a need to contact and communicate with members that are at a distance and not necessarily living at home or even within the territory. The challenges are often how to provide information to members and how to receive community input in a way that is both meaningful and useful.

The use of telephone, online, and face to face mediation can be an effective approach to the opportunities and challenges faced by First Nations today.

So if you are interested in learning more about these types of services, then why not contact Gillian for more information.

All for now, Gillian

The Use of Mediation in Government

2010-09-06T14:47:00.001-07:00

These days it is important for governments to have flexible and accessible ways to resolve conflict as part of doing"normal business". The explicit use of government mediation has proven beneficial for all levels of government.

A qualified mediator offers their conflict resolution skills and develops collaborative processes that are useful in many aspects of government such as the following:

public policy development,
organizational policies and procedures,
evaluation reports,
local and regional government planning,
land use policy,
collaborative processes,
participatory planning, and
bylaw enforcement matters.

Benefits

The research now shows that mediation can be effective in government much like it is now in the court systems. Mediation is now used in the BC provincial court system as an additional process to resolve the disputes and could be used in governments in the same way.

Mediation can be defined as a flexible method for achieving solutions that can be adapted to suit the specific circumstances and the needs of those involved. Mediation tends to be a collaborative process that builds cooperation and alliances.

Mediation is often successful and provides solutions that work because the agreements that are reached are provided by the parties themselves.

Mediation also aims to resolves the issues in a timely manner which is usually cost effective. It also encourages mutual understanding of the issues and identification of what each party needs in order to reach a successful outcome.

There are a wide range of government issues for which mediation could provide an effective tool for overcoming the many challenges faced by governments today. Mediation can be used in a number of circumstances and for different outcomes.

Why not?

Traditionally governments have relied on the court system to resolve major disputes. This approach is often time consuming, costly, and does not enhance relationships between parties. As an alternative, governments may want to consider the use of mediation during the various policy and planning processes or at the voluntary compliance stage of the bylaw enforcement process prior to litigation.

The time is now right for mediation to be used by governments to move issues forward to provide better solutions for all the partied involved. So next time your agency or department experiences some form of conflict why not consider bringing in a neutral mediator to assist in developing solutions that work?

Kind regards, Gillian

P.S.: Please contact me directly if your agency may be interested in a free consultation by telephone or email.